By visiting this site and/or purchasing one of our products, you engage in our “Service” and agree to be bound by the following terms (“General Conditions of Sale”, “General Conditions of Sale and Use” , “Terms”), including those additional terms, conditions, and policies referenced herein and/or accessible by hyperlink. These General Conditions of Sale and Use apply to all users of this site, including but not limited to users who browse the site, who are sellers, customers, merchants, and/or content contributors.
Please read these General Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these General Conditions of Sale and Use. If you do not agree to all the terms and conditions of this agreement, then you must not access the website or use any services offered there. If these General Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these General Conditions of Sale and Use.
All new features and all new tools that will be added subsequently to this store will also be subject to these General Conditions of Sale and Use. You can consult the most recent version of the General Conditions of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these General Conditions of Sale and Use by publishing updates and/or modifications on our website. It is your responsibility to check this page periodically to see if any changes have been made. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
The online store, www.boutique55.com is the property of the company ECHOS Furniture s.r.l., based in Romania, head office, 55 Roman street / Leresti / postal code 117430 / Jud. Arges, registered in the Trade and Companies Register under Number J03/386/1999, Fiscal Code (VAT number): 12411778. Our online store, www.boutique55.com is built with WooCommerce, which allows us to sell to you our products.
ARTICLE 1 – CONDITIONS OF USE OF OUR ONLINE STORE
By accepting these General Conditions of Sale and Use, you declare that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any person of age minor in your charge to use this website.
The use of our products for any illegal or unauthorized purpose is prohibited nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to the laws relating to copyright).
You must not transmit any worms, viruses or any other code of a destructive nature.
Any infringement or violation of these General Conditions of Sale and Use will result in the immediate termination of your Services.
ARTICLE 2 – GENERAL CONDITIONS
We reserve the right to refuse access to the Services to any person at any time, for any reason.
You understand that your content (not including your credit card information), may be transferred unencrypted, including (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or use of the Service, or any access to the Service or contact on the website, through which the Service is provided, without permission. express written notice on our part.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ARTICLE 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information available on this site is not accurate, complete or current. The content of this site is provided for informational purposes only and should not constitute your sole source of information for making decisions without first consulting more accurate, more complete and up-to-date sources of information. If you decide to rely on the content presented on this site, you do so at your own risk.
This site may contain some previous information. This prior information, by its nature, is not current and is provided for informational purposes only. We reserve the right to change the content 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.
ARTICLE 4 – CHANGES TO THE SERVICE AND PRICES
Prices of our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (and any part or content of the Service) without notice at any time. We will not be liable to you or any third party for any price change, suspension or discontinuance of the Service.
ARTICLE 5 – PRODUCTS OR SERVICES (if applicable)
The products offered for sale by boutique55.com are those appearing on the site, on the day of its consultation by the Customer.
In accordance with the law, the customer can, prior to any order, read on the site the essential characteristics of the product(s) he wishes to order by clicking on the link corresponding to the product. Each product is the subject of a descriptive sheet which, in addition to the photograph, contains: the price and colors available, the composition, as well as, where applicable, special characteristics. Minimal differences between a product and its photograph may exist, in particular due to the resolution and color definition of the user’s screen. We have done our best to display as clearly as possible the colors and images of our products that appear on our store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
boutique55.com undertakes to deliver products that meet the requirements in force relating to the safety and health of people in accordance with European provisions, and in particular the legislation on regulated chemical substances.
boutique55.com reserves the right to modify the list and product ranges at any time.
Product offers are within the limits of available stocks, as specified when placing the order, and are valid, in the absence of a specific duration indication, as long as the products appear on the site.
Certain products or services may be exclusively available online through our website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Return Policy.
We reserve the right, but have no obligation, to limit the sales of our products or services to any person in any geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions and product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to stop offering a product at any time. Any offer for a service or product made on this site is void where prohibited by law.
We do not warrant that the quality of any products, services, information, or other merchandise obtained or purchased by you will meet your expectations, or that any errors in the Service will be corrected.
In accordance with the law, the sales prices of the products are indicated, for each product, on the site – in euros and all taxes included. The prices applicable to the sale of products on the site are those in force on the day the customer’s order is placed.
They do not include delivery costs, invoiced in addition to the price of the products purchased and the amount of which is indicated to the customer before validation of the order. Delivery costs are communicated to the customer on the order summary, before validation of the latter and are expressed all taxes included.
The transfer of risks of loss and deterioration of the products will be carried out after delivery and receipt of the products by the customer.
PLACING AN ORDER
The customer completes their order by completing the following 5 steps:
Step 1: The customer selects the chosen product(s) and adds it to their electronic “basket”, after having selected the desired color. The basket informs the customer that their selections have been taken into account, indicating the number of products it contains.
Step 2: The customer checks the contents of his basket by clicking on “place my order” in order to access the summary of his order. The customer can then modify their order (product, quantity). The total amount including tax of the order then indicates in the summary, the price due for the products.
Step 3: Once the order has been verified and, if necessary, modified, the customer validates their basket, in order to finalize their order by clicking on “validate order”.
Step 4: The customer enters their delivery and billing details and proceeds to create their customer account. All fields are necessary to finalize the order, it being specified that unless otherwise indicated by the customer, the billing address will automatically be the one indicated as the delivery address. When creating an account, the customer must enter an email address, which becomes their account identifier as well as the other required information (title, last name, first name, password) in the appropriate fields. If the customer has already placed an order on the site, he has a customer account. In such a case, he will identify himself only with his email address and password. The customer then checks all the information and clicks on “validate order” to continue their order.
Step 5: Entering bank details
The customer will then access the payment screen, secured by boutique55.com‘s partner, EUROPAYMENT SERVICES s.r.l. – EuPlatesc, company registered in the Trade and Companies Register under Number J40/9950/2006, VAT Number RO18773866, having the head office in Bucharest, Romania, 11 Ion Câmpineanu Street, Union Business Center International Building, Et. 8, Room 803, postal code 010031.(https://www.euplatesc.ro/en/about-us/)
EuPlătesc is an online payment and e-commerce solution, developed by the company EuroPayment Services s.r.l. EuPlătesc.ro is an integrator of e-commerce solutions, equipped with a system for managing electronic payments, made via different payment methods , in particular bank cards, issued throughout the world, under the Visa or MasterCard logo. The proprietary Trading System, developed by EuroPayment Services, uses advanced anti-fraud solutions which, together with VISA’s “Verified by Visa” system and MasterCard’s “MasterCard SecureCode”, reduce the risks associated with electronic fraud attempts.
Payment is therefore made online, by credit or debit card or Paypal, only.
The customer must enter their bank card number, its expiry date, as well as the 3 numbers of the visual cryptogram, present on the back of their card. If payment is accepted, the customer will be redirected to an order confirmation screen on the site.
In the event of payment failure, the customer will have up to 3 attempts to re-enter their bank details. After the 3rd refusal, the customer will be redirected to the site, to a screen informing them of the payment refusal. The customer will then be invited to contact boutique55.com customer service, at the email address: email@example.com, to find out the reasons and find together a solution to finalize the customer’s order.
Upon acceptance of the customer’s payment, the customer will receive an email confirming their order, summarizing all the items ordered, the billing and delivery address.
The validation of the order by the customer and the order confirmation sent to the customer by email, by boutique55.com, following acceptance of payment, constitute the conclusion of a sales contract between the Parties and acceptance of the General Terms and Conditions.
boutique55.com reserves the right not to validate the order, in the event of legitimate reasons and in particular in the event of :
abnormal or abusive claims, abnormal orders, with regard to the quantities ordered, abnormal or abusive exchanges and returns, existing dispute(s) with the customer, stock error.
Boutique55.com customer service is available to the Customer for any questions relating to their order. Customer service is available by email at the following address: firstname.lastname@example.org
Payment is made online by bank card (Visa Card, /Mastercard/Maestro) or by Paypal, at the time of validation of the order by the customer.
The request for authorization to debit the card is made at the time of validation of the order on the site, except in the event of unavailability of the servers. boutique55.com reserves the right to make a new direct debit authorization request, in the event that the first could not be completed, due to unavailability of the servers.
In the event of non-payment, an incorrect address or any other problem on the customer’s account, boutique55.com reserves the right to block the customer’s order until the problem is resolved.
In the event of fraudulent use of their bank card on the site, the Customer is invited to contact their bank and boutique55.com by email, at the following address: email@example.com
Transactions carried out on the site are secured by the payment system of boutique55.com‘s partner, the company EUROPAYMENT SERVICES s.r.l. – EuPlatesc, company registered in the Trade and Companies Register under Number J40/9950/2006, VAT Number RO18773866 , with registered office in Bucharest, Romania, 11 Ion Câmpineanu Street, Union Business Center International Building, Et. 8, Room 803, postal code 010031.(https://www.euplatesc.ro/en/about-us/)
All information exchanged to process the payment is encrypted using the SSL (Secure Socket Layer) protocol, more information can be consulted on the site: https://www.euplatesc.ro/en/about-us/. This data cannot be detected, intercepted or used by third parties. At no time do the customer’s banking data pass through the boutique55.com computer system.
The company EUROPAYMENT SERVICES s.r.l. – EuPlatesc, being a technical service provider, it does not handle disputes related to orders, which are processed directly by boutique55.com, as specified above or, where applicable, by the customer’s bank.
Finally, the Customer who decides to pay for his order – online by credit or debit bank card, through EuPlatesc, does not pay any fees !
boutique55.com delivers orders accompanied by a delivery note, within fourteen (14) working days for delivery to mainland France, Belgium, Luxembourg and Italy and twenty (20) working days for delivery to Spain, Portugal and the rest of Europe, from the day following payment of the order. During sales periods, your package preparation and delivery times may be extended. We thank you for your patience and understanding.
Any order placed on the site from Monday to Friday before 2 p.m. will be processed the same day; Monday to Friday after 2 p.m., it will be processed the following day. Any orders placed on Saturday and Sunday will be processed the following Monday; it being specified that orders placed on a public holiday will be processed the following working day.
If the delivery time is exceeded by more than ten (10) days, in relation to the delivery time, indicated in the confirmation of the order, not justified by a case of force majeure, the customer may request the cancellation of the sale and obtain, within a maximum period of fourteen (14) days, from receipt of written notice of the sale, reimbursement of the sums paid at the time of the sale.
In the event of unavailability of a product, noted after order confirmation, boutique55.com will inform the customer, within 24 hours of confirmation of the order and will offer an extension of the initial delivery time.
In the event of refusal by the customer, boutique55.com will immediately cancel the order and reimburse the amounts paid by the customer.
For orders outside the European Union, when the package intended for export reaches its destination, it will be the responsibility of the recipient to pay the taxes or customs duties, which apply to the country of destination. Local authorities can provide useful information to customers for this purpose.
RECEIPT OF THE ORDER
The customer is required to check the conformity of the products received, in execution of his order, at the time of delivery. If the customer notices that the package containing the product or that the product itself has been damaged, he is asked to specify this on the carrier’s delivery note. Any anomaly concerning delivery, such as: – damaged package, – missing products, – damaged products, – products not conforming to the order, must be notified within the legal deadlines following receipt of the order. This notification will be sent to boutique55.com customer service, by email to the email address: firstname.lastname@example.org
RETURNS OF NON-CONFORMING PRODUCT(s)
For any return of non-compliant product(s), the customer must respect the following procedure:
The customer must complete a return request, by email to the email address: email@example.com. The customer must attach to their package the delivery note received with their package. No returns will be accepted without the delivery note and without a return request previously made. The products must be returned, either in their original packaging, or in packaging protecting the product against any deterioration, with their label and any accessories, allowing their re-marketing, to the following address:
ECHOS Furniture s.r.l. , str. Roman nr. 55 / Leresti / postal code 117430 / Jud. Arges / Romania / tel: +40 745200880
The return costs are initially the responsibility of the customer and then, after having been noted, the non-conformity of the product, the customer will be reimbursed. When non-compliance has been noted, boutique55.com will offer the customer reimbursement of the price of the order (price of the products and delivery costs), as well as the costs of returning the non-compliant product, at the latest within fourteen ( 14) days, from the date of sending the notification of confirmation of non-conformity, by the customer service of the boutique55.com site
In the event of a refund, boutique55.com will reimburse all products made compliant, as well as shipping costs incurred, with the exception of taxes and customs duties, paid by the customer upon delivery.
In the event of abnormal or abusive complaints, boutique55.com may refuse to serve a subsequent order.
(to be completed and completed only if you wish to withdraw from the contract)
I/We (*) hereby notify you of my/our (*) withdrawal from the contract, relating to the sale of the property (*) below:
Order number : Ordered on (1)/received on (1):
Name of consumer(s):
Address of the consumer(s):
Cross out the unnecessary entry .
The customer must then return the products to boutique55.com, at the latest within thirty (30) calendar days, following communication to boutique55.com of their decision to withdraw.
For any return under the right of withdrawal, the procedure below must be fully respected: the customer must complete a return request, to the e-mail address: firstname.lastname@example.org. The customer must attach to their package the delivery note received with their package. No returns will be accepted without the delivery note and without a return request previously made. The products must be returned in their original packaging, i.e. in packaging protecting the product against any deterioration, with their label and any accessories, allowing their re-marketing, to the following address:
ECHOS Furniture s.r.l. str. Roman nr. 55 / Leresti / postal code 117430 / Jud. Arges / Romania / tel: +40745200880
Subject to the conditions recalled above, boutique55.com will reimburse the amount including tax of the order to the customer (price of the product), excluding return costs and excluding delivery costs. The customer’s bank account will be credited with the said amount, within fourteen (14) days from receipt of the products by boutique55.com
The customer is informed that with regard to personalized items, he does not have, in accordance with the law, the right of withdrawal. Indeed, given the unique and personalized nature of personalized items, they cannot be returned.
boutique55.com collects a certain amount of information necessary in particular for processing orders. This data is not only necessary for the processing of the customer’s order, by boutique55.com, but also to communicate to the customer information on the boutique55.com brand, on the site or to enable them to benefit from boutique55.com commercial offers, if the customer accepts it by validating his order.
The information is strictly confidential and is indicated by an asterisk (*) when it is necessary for boutique55.com and/or its service providers as part of the management of the customer’s order. Due to any injunction from legal authorities or in order to defend its rights or those of its employees, customers or any other person, boutique55.com may communicate this data to legally authorized organizations and authorities.
boutique55.com undertakes to take all necessary precautions to ensure the security of its files and the protection of its computer system, and in particular to prevent the customer’s personal information from being distorted, damaged or from unauthorized third parties having access to it.
The customer’s personal information is sent and stored by the site host, whose details appear on the site in the “Legal notices” section. In accordance with European Regulation No. 2016-679, known as the General Data Protection Regulation (GDPR), the customer benefits from a right of access, rectification, limitation, modification, deletion and portability of personal data concerning him.
The customer may thus request access to information which concerns him, to have it rectified, modified, limited, transferred or deleted, or to object to its processing by boutique55.com, by writing to boutique55.com by email at address: email@example.com
All information relating to personal data appears in the confidentiality charter accessible on the site.
Cookies memorize the customer’s visit time on the site, their identity (known through their email address and password) and the contents of their basket. After the customer disconnects from the site, this information is stored for 30 (thirty) days, before being permanently deleted. The customer can oppose the recording of cookies by configuring their Internet browser. He then loses all personalization of the service, which is offered to him on the site.
INTELLECTUAL PROPERTY RIGHT
The presentation and content of the site, including without limitation, its tree structure, brands, logos, domain names, graphics, models, musical works, photographs, animations, texts, descriptions and more generally all elements, whether visual (animated or not) and/or sound, as well as the software and programs used to edit the site (the “distinctive signs and content”) constitute together or separately distinctive signs or works protected by foreign and international laws and conventions in force regarding intellectual property.
–boutique55.com is the owner or benefits from the intellectual property rights necessary for the use of the site and each of its distinctive signs and content.
Access to the site does not confer on the customer any rights to the intellectual property rights relating to the site, nor to the distinctive signs and content.
Any total or partial reproduction of the distinctive signs and contents is prohibited, as is the representation, modification, transmission, publication, adaptation, on any medium whatsoever, by any means whatsoever, or exploitation in any way whatsoever from all or part of the site, without the prior written authorization of boutique55.com
The creation of any hypertext link to any page of the site is strictly prohibited without the prior written consent of boutique55.com
Operation not previously authorized by boutique55.com, for any reason whatsoever, of all or part of the site may be subject to any appropriate action, including infringement action.
Hypertext links to other websites provided by boutique55.com may be accessible on the site to facilitate navigation for the Internet user. boutique55.com, however, has no legal or conventional obligation to verify the content, over which it has no control. The data collected on these sites is not communicated to boutique55.com, which is not responsible for their processing. boutique55.com cannot be held responsible for the services offered or the information offered by these sites. boutique55.com therefore declines all responsibility relating to the content of sites possibly linked to its site.
LIMITATION OF LIABILITY
boutique55.com undertakes to properly execute the obligations resulting from the sales contract concluded with the customer.
However, boutique55.com cannot be held liable in the event of non-execution or poor execution of the sale due either to the customer, or to the insurmountable and unforeseeable act of a third party to the contract, or to force major. Placing an order on the site implies knowledge and acceptance of the procedures in force on the Internet network, particularly with regard to technical performance, response times, connection times, queries or transfers of information, risks of outage, the risks of contamination by viruses circulating on the network and in general all risks linked to the use of the Internet network.
boutique55.com cannot under any circumstances be held responsible for any direct or indirect damage resulting from misuse or incidents linked to the use of the computer, Internet access, maintenance or the malfunction of the servers, the telephone line or any other technical connection, the customer’s connection to the site being done under his entire responsibility.
boutique55.com may suspend access, without notice, to the site, for maintenance and updating reasons or for security reasons.
boutique55.com will not be responsible for the total or partial non-execution of its obligations under the order placed by the customer, if this non-execution is caused by an event constituting a case of force majeure as defined by positive law.
In such a case, boutique55.com will inform the customer of the occurrence of such an event within three (3) clear days following its occurrence.
After a period of one (1) month, and in the event that the event constituting a case of force majeure persists, the order will be canceled and will, if applicable, be subject to a refund from the boutique55.com, on the bank card used to place the order, within a maximum of thirty (30) days.
If any of the terms of these T&Cs are found to be null, illegal or unenforceable by court decision, the other provisions of the T&Cs will remain in force. The General Conditions of Sale are executed and interpreted in accordance with European law. In the event of a dispute, the customer should contact boutique55.com as a priority, to obtain an amicable solution and in the absence of an agreement. The customer may also resort to conventional mediation, in particular to the Consumer Mediation Commission or to existing sectoral mediation bodies, or to any alternative method of dispute resolution (conciliation, for example), in the event of a dispute. . The Parties may also submit any dispute relating to the General Terms and Conditions and any contract concluded in application thereof to a dispute resolution procedure, as provided for by European Regulation No. 524/2013, by filing a complaint on the website. following: ec.europa.eu/consumers.
Any dispute not resolved amicably will be submitted to the competent court.
ARTICLE 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, reduce or cancel the quantities purchased per person, per household or per order. These restrictions may include orders placed by or from the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to an order or cancel it, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at time the order was placed. You agree to provide current, complete and accurate order and account information for all orders placed on our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For further details, please see our Returns Policy.
ARTICLE 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no monitoring, 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 any endorsement. We shall have no legal liability arising from or relating to the use of these optional third-party tools. If you use optional tools offered through the site, you do so at your own risk and discretion, and you should review the terms on which such tools are offered by the applicable third-party provider(s). We may also, in the future, offer new services and/or features on our site (including new tools and resources). These new features and new services will also be subject to these General Conditions of Sale and Use.
ARTICLE 8 – 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 that are not affiliated with us. We are under no obligation to examine or evaluate the content or accuracy of such sites, and we do not warrant, and assume no liability, for any content, websites, products, services, or other materials accessible through or from these third party sites. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any such third-party websites. Please review the third-party policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding the products of these third parties should be submitted to the same third parties.
ARTICLE 9 – COMMENTS, SUGGESTIONS AND OTHER PROPOSALS FROM USERS
If, at our request, you submit specific content (for example, to participate in competitions), or if without a request from us you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you grant us the right, at any time, without restriction, to edit, copy, publish, distribute , to translate and otherwise use in any media any comments you send to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation to anyone for any comments provided; (3) to respond to comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or infringes. any intellectual property or these General Conditions of Sale and Use. You agree to write comments that do not violate the rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain any unlawful, defamatory, offensive or obscene material, or contain any computer virus or other malware, that could in any way affect the operation of the Site. Service or any other associated website. You may not use a false e-mail address, pretend to be someone you are not, or otherwise mislead us and/or third-parties as to the origin of any comments. You are entirely responsible for all comments you post, as well as their accuracy. We assume no responsibility and disclaim any liability for any comments you post or any third party posts.
ARTICLE 10 – PERSONAL INFORMATION
ARTICLE 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, charges or fees. shipping of products, delivery 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 Service or on any related website is inaccurate. , at any time and without notice (including after you have placed your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date in the Service or on any related website, should be taken into account in concluding that information in the Service or on any related website has been modified or updated.
ARTICLE 12 – PROHIBITED USES
In addition to the prohibitions set out in the General Conditions of Sale and Use, you are prohibited from using the site or its content:
(a) for illegal purposes; (b) to incite others to perform or participate in illegal acts; (c) to violate any regional ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will compromise the functionality or operation of the Service or of any related website, independent website, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, hijack, extort, crawl, crawl or scan the web (or any other resource); (j) for lewd or immoral purposes; or (k) to violate or circumvent the security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any prohibited uses.
ARTICLE 13 – EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee or represent in any way that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that any results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without prior notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services provided to you through the Service are (unless expressly stated otherwise by us) provided “as is” and “as available” for your use, without representation, without warranties and without conditions of any kind, express or implied, including all implied warranties of merchantability or quality, fitness for a particular purpose, durability, title and non-infringement.
www.boutique55.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors shall not be liable for any injury, loss, claim, or direct damages, indirect, incidental, punitive, special, or consequential damages of any nature, including but not limited to loss of profits, revenue, savings, data, replacement costs or similar damages, whether in contract, tort (even in negligence), strict liability or otherwise, arising out of your use of any service or product from this Service, or as to any other claim relating in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted , or otherwise made available through the Service, even if you have been advised of the possibility of their occurrence. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.
ARTICLE 14 – COMPENSATION
You agree to indemnify, defend and hold harmless www.boutique55.com, our parent company, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, trainees and employees, as to any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising from your violation of these General Conditions of Sale and Use or the documents to which they refer, or your violation of any law or the rights of a third party.
ARTICLE 15 – SEVERABILITY
In the event that a provision of these General Conditions of Sale and Use is deemed to be illegal, void or inapplicable, this provision may nevertheless be applied to the fullest extent permitted by law, and the non-applicable part must be considered as being dissociated from these General Conditions of Sale and Use, this dissociation should not affect the validity and applicability of all other remaining provisions.
ARTICLE 16 – TERMINATION
The obligations and liabilities incurred by the parties prior to the termination date shall survive the termination of this Agreement for all purposes.
These General Conditions of Sale and Use are effective unless and until they are terminated by either you or not. You can terminate these General Conditions of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you stop using our site. If we judge, in our sole discretion, that you fail, or if we suspect that you have been unable to comply with the terms of these General Conditions of Sale and Use, we may also terminate this agreement at any time without notice to you, in advance and you will remain liable for all amounts owed up to and including the termination date, and/or we may deny you access to our Services (or any part thereof).
ARTICLE 17 – ENTIRE AGREEMENT
Any failure on our part to exercise or apply any right or provision of these General Conditions of Sale and Use should not constitute a waiver of this right or provision.
These General Conditions of Sale and Use or any other policy or operating rules that we publish on this site or in respect to the Service constitute the entire understanding and agreement between you and us and govern your use of the Service, and supersede all communications, proposals and all prior and contemporaneous agreements, oral or written, between you and us (including, but not limited to, any prior version of the General Conditions of Sale and Use).
Any ambiguity regarding the interpretation of these General Conditions of Sale and Use must not be interpreted to the disadvantage of the drafting party.
ARTICLE 18 – MODIFICATIONS TO THE GENERAL CONDITIONS OF SALE AND USE
You can consult the most recent version of the General Conditions of Sale and Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these General Conditions of Sale and Use by publishing updates and changes on our site. It is your responsibility to visit our site regularly to check for changes. Your continued use of or access to our site after the publication of any modifications to these General Conditions of Sale and Use constitutes acceptance of these modifications.