Terms of use
OVERVIEW
This website is operated by EIKEN. Throughout the site, the terms "we", "us" and "our" refer to EIKEN, including all information, tools and services available on this site for you, the user, provided that you accept all terms, conditions, policies and notices set forth herein.
By visiting our site and/or purchasing something from us, you agree to be bound by the following terms and conditions ("Terms of Service", "Conditions"), including additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the Site, including, without limitation, users who are browsers, vendors, customers, merchants and/or content contributors.
Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use the services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.
Any new features or tools that are added to the current store will also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Use by posting updates and/or modifications on our website. It is your responsibility to periodically check this page to see if there are any changes. Your continued use of the Website or your access to the Website after any changes are posted constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. and they provide us with the online e-commerce platform that allows us to sell you our products and services.
ARTICLE 1 - TERMS AND CONDITIONS OF THE ONLINE SHOP
By accepting these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and that you have given us your consent to allow one of your minor dependents to use this site.
You may not use our products for illegal or unauthorized purposes, nor may you, in using the Service, violate the laws of your jurisdiction (including, but not limited to, copyright laws).
You must not transmit worms or viruses or code of a destructive nature.
A breach or violation of any of the Terms will result in the immediate termination of your Services.
ARTICLE 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 in plain language and may involve (a) transmissions over various networks; and (b) changes to comply and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over the networks.
You agree not to reproduce, duplicate, copy, copy, copy, sell, resell or exploit any part of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without our express written permission.
The securities 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 the information available on this site is not accurate, complete or up to date. The material on this site is provided for general information purposes only and should not be used as a single basis for making decisions without consulting primary, more accurate, complete or timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not up to date and is provided for reference purposes only. We reserve the right to change the content of this site at any time, but we have no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.
ARTICLE 4 - SERVICE AND PRICE CHANGES
The prices of our products are subject to change without notice.
We reserve the right, at any time, to modify or discontinue the Service (or any part or content thereof) without notice.
We are not liable to you or any third party for any modification, price change, suspension or interruption of the Service.
ARTICLE 5 - PRODUCTS OR SERVICES
Some products or services may be available exclusively online on the website. These products or services may have limited quantities and may only be returned or exchanged in accordance with our return policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear in store. We cannot guarantee that the colour display on your computer screen will be accurate.
We reserve the right, but are not obliged, to limit the sale of our products or services to any person, geographic area or jurisdiction. We can 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 or product prices may be changed at any time and without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any product or service offer made on this site is void where prohibited.
We do not warrant that the quality of any product, service, information or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.
ARTICLE 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel the quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, credit card, and/or orders that use the same billing and/or shipping address. In the event of a change or cancellation of an order, we may attempt to notify you by contacting the email address and/or billing address/phone number provided at the time of the order. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. 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 if necessary.
For more details, please consult our return policy.
ARTICLE 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no control and have no control.
You acknowledge and agree that we provide access to these tools "as is" and "as available" without any warranty, representation or condition of any kind and without any endorsement. We assume no liability whatsoever arising from your use of any third party's optional tools.
Any use by you of the optional tools offered on the Site is entirely at your own risk and discretion and you must ensure that you are fully aware of and approve the terms and conditions under which the tools are provided by the relevant third party supplier(s).
We may also, in the future, offer new services and/or features through the website (including the publication of new tools and resources). These new features and/or services will also be subject to these Terms of Use.
ARTICLE 8 - THIRD PARTY LINKS
Some content, products and services available through our Service may include material from third parties.
Third party links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for the review or evaluation of the content or accuracy and we do not guarantee and will not be liable for any third party material or websites, or for any other third party material, product or service.
We are not responsible for damages related to the purchase or use of goods, services, resources, content or any other transaction in connection with third party websites. Please carefully review the policies and practices of third parties and make sure you understand them before engaging in a transaction. Complaints, complaints, concerns or questions regarding third party products should be addressed to the third party.
ARTICLE 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send specific submissions (for example, contest entries) or without our request, you send creative ideas, suggestions, proposals, proposals, plans or other documents, whether online, by email, by mail or otherwise (collectively, "Comments"), you agree that we may, at any time, without limitation, modify, copy, publish, distribute, distribute, translate and otherwise use in any media any comments you send us. We are and will not be under any obligation (1) to maintain the confidentiality of comments; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but we have no obligation to monitor, modify or delete content that we, in our sole discretion, deem illegal, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or that violates the intellectual property of any party or these Terms of Use.
You agree that your comments will not violate any 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 defamatory or otherwise unlawful, abusive or obscene material, computer viruses or other malicious software that may affect in any way the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or mislead us or third parties as to the origin of the comments. You are solely responsible for the comments you make and their accuracy. We do not assume any responsibility or liability for any comments posted by you or any third party.
ARTICLE 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our privacy policy. To view our privacy policy.
Marketing Text and Notifications (if applicable):
By entering your phone number at the checkout and initiating a purchase, subscribing via our subscription or keyword, you agree that we may send you SMS notifications (for your order, including abandoned cart reminders) and SMS marketing offers. Marketing text messages will not exceed 5 per month. You may unsubscribe from any further text messages by clicking on the unsubscribe link. The sending of text messages or the use of automated systems requires that you transmit the telephone numbers or names of the recipients to our importer. We will store and use this data to show you the analysis and results of the campaign, including the delivery status of the messages, the sending status and, in some cases, whether the purchase resulted in a sale. If you choose to use our link shortener in text messages, we will collect information about whether or not the link was clicked and use it to display the results in your analyses. Any other third party services that you may decide to use outside the scope of smsbump.com (third party link shortener, GA tracking, etc.) you will be referred to their specific third party policies that you must agree to. When sending text messages, we will transmit the data to our text message operator to effect delivery. The information is only shared with our operator at the time of initiating a marketing campaign. If your recipients no longer wish to receive messages, they must reply to the message with STOP or contact us at the email address below so that we can successfully unsubscribe them.
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, prices, promotions, offers, product shipping costs, 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 information in the Service or on any related website is inaccurate at any time and without notice (including after you have submitted your order).
We have no obligation to update, modify or clarify the information in the Service or on any related website, including, without limitation, price information, except as required by law. No specified update or update date applied in the Service or on any related website should be construed as indicating that all information on the Service or on any related website has been modified or updated.
ARTICLE 12 - PROHIBITED USES
In addition to the other prohibitions set forth in the Terms of Use, you are prohibited from using the Site or its content: (a) for illegal purposes; (b) to solicit others to perform or participate in illegal acts; (c) to violate international, federal, provincial or state regulations, rules, laws, laws or local ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, injure, defame, slander, denigrate, denigrate, intimidate or discriminate on the basis of sex, sexual orientation, religion, ethnicity, race, age, national origin or disability; (g) upload or transmit viruses or any other type of malicious code that will or may be used in a manner that affects the functionality or operation of the Service or any related websites, other websites or the Internet; (h) collect or track the personal information of others; (i) spam, phish, pharm, pretext, spider, crawl or scratch; (j) for obscene or immoral purposes; or (k) interfere with or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
ARTICLE 13 - DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
We do not guarantee that your use of our service will be uninterrupted, timely, secure or error-free.
We do not guarantee that the results that can 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 or cancel the service at any time without notice.
You expressly agree that your use of the Service or your inability to use it is at your own risk. The Service and all products and services provided to you through the Service (unless otherwise expressly stated by us) are provided "as is" and "as is" for your use, without any representation, warranty or condition of any kind, express or implied, including any implied warranties or conditions of merchantability, merchantability, fitness for a particular purpose, durability, title and non-infringement.
Under no circumstances should the fourth be the fourth.world, our directors, officers, employees, affiliates, agents, contractors, trainees, suppliers, suppliers, service providers or licensors are liable for any injury, loss, claim or damage, direct, indirect, incidental, punitive, special or consequential of any kind, including, without limitation, loss of profits, loss of income, loss of savings, loss of data, replacement costs, or any other similar damage, whether based on contract, tort (including negligence), strict or other liability arising from your use of the Service or any product purchased using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any error or omission in any content, or any loss or damage of any kind resulting from the use of the Service or any content (or product) posted, transmitted or otherwise made available through the Service, even if they have been advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability will be limited to the maximum extent permitted by law.
ARTICLE 14 - COMPENSATION
You agree to indemnify, defend and hold harmless fourth.world and our parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, trainees and employees from any claim or demand, including reasonable attorneys' fees, made by a third party as a result of or arising from your breach of these Terms of Use or the documents they incorporate by reference, or your breach of any law or the rights of a third party.
ARTICLE 15 - SEVERABILITY
If any provision of these Terms of Use is found to be unlawful, void or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted
ARTICLE 16 - TERMINATION
The obligations and liabilities of the parties entered into prior to the termination date shall survive the termination of this Agreement for all purposes.
These Terms of Use are in effect until terminated by you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.
If, in our sole discretion, you do not comply with, or we suspect that you have not complied with, a condition or provision of these Terms of Service, we may also terminate this Agreement at any time without notice and you remain liable for all amounts due up to and including the termination date; and/or deny you access to our Services (or any part thereof).
ARTICLE 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.These Terms of Use and any operating policies or rules that we post on this site or with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding all prior or contemporaneous agreements, communications and proposals, oral or written, between you and us (including, without limitation, all prior versions of the Terms of Use).
Any ambiguity in the interpretation of these Terms of Use shall not be interpreted against the drafter.
ARTICLE 18 - APPLICABLE LAW
These Terms of Use and any separate agreement by which we provide Services to you shall be governed by and construed in accordance with the laws of 198 Rue de la Convention, PARIS, FRANCEARTICLE 19 - CHANGES IN CONDITIONS OF SERVICE
You can review the most current version of the Terms of Use at any time on this page.
We reserve the right, in our sole discretion, to update, modify or replace any part of these Terms of Use by posting updates and changes on our website. It is your responsibility to periodically check our website for changes. Your continued use of or access to our website or the Service after any changes to these Terms of Use have been posted constitutes acceptance of such changes.
ARTICLE 20 - CONTACT INFORMATION
Questions regarding the Terms of Use should be sent to us at the following address: info@eikenshop.com