Terms of service

OVERVIEW

Welcome to Ecomyras! The terms “we”, “us” and “our” refer to Ecomyras. Ecomyras operates this store and website, including all associated information, content, features, tools, products and services, to offer you, the customer, a personalised shopping experience (the “Services”). Ecomyras is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, together with any policies referenced herein (these “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 about your legal rights and address 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.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you have reached the age of majority in the state or province where you live and have given us your consent to allow any minors in your care to use the Services on devices you own, purchase or manage.

To use the Services, including to view or browse our online stores or purchase any products or services we offer, you may be asked to provide certain information, such as your email address, billing address, delivery address and payment information. You represent and warrant that all information you provide in our stores is accurate, current and complete, and that you have all necessary rights to provide that information.

You are solely responsible for the security of your account login credentials and all activities associated with your account. You may not transfer, sell, assign or license your account to another person.

SECTION 2 - OUR PRODUCTS

We have made every effort to represent our products and services accurately in our online stores. However, please note that product colours or appearance may differ from what is displayed on screen because of the type of device you use to access the store and 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 be identical to what is presented or delivered in our online stores.

All product descriptions may be changed at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products offered to any person, geographical region or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you make an offer to purchase. Ecomyras reserves the right to accept or reject your order for any reason, at its sole discretion. Your order is accepted only once Ecomyras confirms its acceptance. We must receive and process your payment before your order can be accepted. Please check your order carefully before submitting it, as Ecomyras may be unable to process cancellation requests once an order has been accepted. If we do not accept, modify or cancel an order, we will attempt to notify you using the email address, billing address and/or telephone number you provided when placing the order.

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

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

SECTION 4 - PRICING AND BILLING

Prices, discounts and promotions may change without notice. The price charged for a product or service is the price in effect when the order is placed, as stated in your order confirmation email. Unless expressly stated otherwise, displayed prices do not include taxes, shipping and handling fees, or customs or import duties.

Prices in our online stores may differ from those in physical stores or other online stores operated by third parties. From time to time, we may offer promotions on the Services that affect pricing and are subject to terms and conditions separate from these Terms. If a promotion's terms conflict with these Terms, the promotion's terms take precedence.

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, bank card numbers and their expiry dates, so that we can complete your transactions and contact you if necessary.

You represent and warrant that (i) the bank card information you provide is truthful, accurate and complete, (ii) you are duly authorised to use that bank card for the purchase, (iii) the charges you incur will be honoured by your card issuer, and (iv) you will pay the charges at the stated prices, including shipping and handling fees and all applicable taxes, where applicable.

SECTION 5 - SHIPPING AND DELIVERY

We are not responsible for shipping or delivery delays. All delivery times are estimates and are not guaranteed. We are not responsible for delays caused by carriers, customs processing or any event beyond our control. Once we hand the products over to the carrier, title and risk of loss pass to you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including without limitation all trademarks, registered marks, text, displays, images, graphics, product controls, videos and audio content, and their design, selection and arrangement, are owned by Ecomyras, its affiliates or its licensors and are protected by US and foreign patent, copyright and other intellectual property laws.

These Terms authorise you to use the Services exclusively for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit content from the Services without our prior written permission. Except as expressly provided herein, nothing in these Terms grants you, or may be construed as granting you, a licence or other rights in any patent, trademark, copyright or other intellectual property right of Ecomyras, Shopify or any third party. Any unauthorised use of the Services may violate federal and national intellectual property laws. All rights not expressly granted herein are reserved by Ecomyras.

Ecomyras names, logos, product and service names, designs and slogans are trademarks of Ecomyras or its subsidiaries or licensors. You may not use these marks without Ecomyras's prior written permission. 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.

SECTION 7 - OPTIONAL TOOLS

You may have access to third-party tools made available as part of the Services over which we have no control or input.

You acknowledge and agree that we provide access to these tools “as is” and “as available”, without warranties, representations or conditions of any kind and without any endorsement by us. We disclaim all liability arising from or relating to your use of optional third-party tools.

Any use of optional tools offered through the site is entirely at your own risk and discretion, and you must ensure that you are familiar with and agree to the terms under which the relevant third-party providers supply these tools.

We may also offer new services and/or features through the site in the future, including new tools and resources. These new features will also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or managed by third parties, including embedded third-party features. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you decide to leave the Services to access those third-party materials or websites, you do so at your own risk.

We are not responsible for damage related to your access to third-party websites or your purchase or use of products, services, resources or content from third-party websites. Please review the relevant third party's policies and practices carefully and make sure you understand them before entering into a transaction. Complaints, claims, concerns or questions about third-party products and services should be directed to the relevant third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Ecomyras is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases you make in our store are concluded directly with Ecomyras. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of a sale between you and Ecomyras, including any injury, damage or loss arising from the products and services purchased. You hereby expressly release Shopify and its affiliates from all claims, damages and liability arising from or relating to your purchases and transactions with Ecomyras.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which you can view here, and certain personal information may also be subject to Shopify's Privacy Policy, which you can view here (https://www.shopify.com/legal/privacy/app-users). By using the Services, you acknowledge that you have read this privacy policy.

Because the Services are hosted by Shopify, it collects and processes personal information about your access to and use of the Services to provide and improve the Services. Information you submit through the Services will be transmitted to and shared with Shopify and third parties, which may be located in countries other than the one where you live, to provide the services to you. Please see our privacy policy to learn more about how we, Shopify and our partners use your personal data.

SECTION 11 - FEEDBACK

If you submit, upload, post, email or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans or any other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any medium and for any purpose, including commercial purposes.

You also represent and warrant that (i) you own or hold all necessary rights to all your Feedback; (ii) you have disclosed any compensation or incentive received in connection with your Feedback; and (iii) your Feedback complies with these Terms. We are under 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 obliged to, monitor, edit or remove any feedback that we determine, at our sole discretion, to be unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service.

You agree that your Feedback will not violate any third party's rights, including copyright, trademark, privacy, personality rights or other personal or proprietary rights. You must not use a false email address, impersonate anyone other than yourself or otherwise mislead our company or third parties about the origin of your feedback. You are solely responsible for all feedback you provide and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

The Services may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, product shipping fees, 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 in the Services is inaccurate, at any time and without prior notice, including after you have submitted your order.

SECTION 13 - PROHIBITED USES

You may visit and use the Services only for lawful purposes. You are prohibited from accessing or using the Services, directly or indirectly: (a) for unlawful or malicious purposes; (b) to violate any local, international, federal, provincial or national regulation, rule, law or ordinance; (c) to infringe or violate our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against our employees or any other person; (e) to submit false or misleading information; (f) to transmit, knowingly receive, download, upload, use or reuse any content that does not comply with these Terms; (g) to send or arrange the sending of unsolicited advertising or promotional material, including “junk mail”, “chain letters”, “spam” or any similar solicitation; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any other conduct that restricts or interferes with anyone else's use or enjoyment of the Services or that, in our view, could harm Ecomyras, Shopify or users of the Services or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or other malicious code that could affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any part of the Services; (c) collect or track other people's personal information; (d) spam, phish, pharm or pretext the Services; (e) use robots, spiders, data retrieval or extraction tools, devices or automated processes, including AI tools, to access the Services; or (f) circumvent the security or authorisation measures we use to restrict access to the Services. We reserve the right to terminate your use of the Services for violating any of these prohibited uses.

SECTION 14 - AGENTS

14.1 This section (the “Agent Terms”) applies if you use, authorise, permit or allow an Agent to access, use or interact with the Services. An “Agent” means any software or service that acts autonomously or semi-autonomously for or on behalf of a person or entity and may run on behalf of, or using the device of, a person without direct supervision.

14.2 An Agent may access, use or interact with the Services only if it identifies itself as such at all times and acts in strict compliance with the requirements set out in section 14.4 below. In addition, an Agent may not access, use or interact with the Services if we have asked that Agent to refrain from accessing, using or interacting with any service.

14.3 We may restrict, including through technical measures, whether and how an Agent accesses, uses and interacts with the Services.

14.4 Agents must: (i) indicate in all HTTP/HTTPS requests that the request originates from an Agent and disclose the Agent's name in the request's user-agent string; (ii) not conceal or disguise the fact that access, use or interactions originate from an Agent; (iii) answer accurately any question or prompt intended to determine whether interactions originate from a human or a computer; and (iv) not circumvent or evade measures intended to block, restrict, modify or control whether and how Agents access, use or interact with the Services.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services, or any part of them, at any time at our sole discretion and without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will survive 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 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on it is entirely your responsibility. We disclaim all liability arising from reliance on these materials by you or any other visitor to the Services.

UNLESS WE EXPRESSLY STATE OTHERWISE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. IN SOME JURISDICTIONS, THE EXCLUSION OF IMPLIED WARRANTIES IS LIMITED OR PROHIBITED, SO THE EXCLUSION ABOVE MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ECOMYRAS, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS OR SERVICE PROVIDERS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGE OF ANY KIND, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, SAVINGS OR DATA, OR REPLACEMENT COSTS, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT OBTAINED THROUGH THE SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Ecomyras, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers against any loss, damage, liability or claim, including reasonable legal fees, owed to third parties because of or arising from (1) your breach of these Terms of Service or the documents incorporated by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any claim for which indemnification is sought, provided that a failure to notify you promptly will not relieve you of your obligations except to the extent that you are materially prejudiced by it. We may assume the defence and settlement of any claim at your expense, including selecting legal counsel, but we will not settle any claim that requires non-monetary obligations from you without your consent. You will cooperate in the defence of any claim, including by providing relevant documents.

SECTION 19 - SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void or unenforceable, that provision will nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms of Service. Such a determination will not affect the validity or 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 does not constitute a waiver of that right or provision.

These Terms of Service, together with any policies or operating rules we publish on this site or in relation to the Services, constitute the entire agreement and understanding between you and us, govern your use of the Services, and supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including without limitation any previous version of the Terms of Service.

Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 - ASSIGNMENT

You may not assign, transfer or delegate this Agreement or the rights or obligations arising under these Terms without our prior written consent, and any attempt to do so will be void. We may assign, transfer or delegate these Terms and any rights and obligations arising under them without consent or notice.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements under which we provide services to you are governed by and construed in accordance with the laws applicable before the federal and state or territorial courts of the jurisdiction where Ecomyras is established. You and Ecomyras consent to the territorial and personal jurisdiction of those courts.

SECTION 23 - CONTACT DETAILS

You can review the most recent version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, amend or replace any part of these Terms of Service by posting updates and changes on our site. It is your responsibility to check our site regularly for changes. Continuing to use or access the Services after changes to these Terms of Service are posted constitutes acceptance of those changes.

Questions about the Terms of Service should be sent to us at contact@ecomyras.com.

Our contact details are set out below:

Ecomyras
contact@ecomyras.com
137 Rue Jean Thuile, 34090 Montpellier, France
SIREN/SIRET number: 939 136 925 00012
EU VAT number: FR03939136925