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Terms of service

OVERVIEW

This website is operated by PANDHESS. Throughout the Website, the terms "we", "us" and "our" refer to PANDHESS.

PANDHESS provides this Website, including the information, tools, features and services available through it, subject to your acceptance of these Terms of Use and any other policies or notices applicable to your use of the Website.

By visiting www.pandhess.com, creating an account, using any part of the Website or purchasing a Product, you agree to be bound by these Terms of Use.

These Terms of Use apply to all users of the Website, including visitors, Customers and users who submit content.

Please read these Terms of Use carefully before accessing or using the Website. If you do not agree with these Terms, you should not access or use the Website or its services.

Any new features, services or tools added to the Website may also be subject to these Terms of Use.

PANDHESS may update these Terms from time to time by publishing a revised version on the Website. The version applicable to a particular purchase remains subject to the contractual terms applicable when that purchase was made.

The PANDHESS online store is hosted by Shopify Inc.

Purchases made through the Website are also subject to the applicable PANDHESS Terms and Conditions of Sale and other store policies.

SHIPPING INFORMATION

PANDHESS currently ships exclusively to the United States.

Orders are generally processed within 24 - 48 business hours.

Once shipped, the estimated shipping time is generally 5 - 10 business days, for a total estimated delivery time of 6 - 12 business days from order confirmation.

Standard shipping to the United States is free of charge.

A tracking number is provided once the order has been shipped.

Full shipping and delivery conditions are provided in the PANDHESS Shipping Policy.

ARTICLE 1 - ONLINE STORE TERMS

By using this Website, you represent that you have the legal capacity required under the laws applicable to you to use the Website and, where applicable, to enter into a purchase transaction.

You may not use the Website, its services or Products for any unlawful or unauthorised purpose, or use the Website in a manner that violates applicable laws or regulations.

You must not transmit viruses, malicious code, worms or any other code or technology intended to damage, interfere with or compromise the Website, its services, other users or any related systems.

A material violation of these Terms may result in the restriction or termination of access to all or part of the Website, to the extent permitted by applicable law.

ARTICLE 2 - GENERAL CONDITIONS

PANDHESS reserves the right to refuse or restrict access to the Website or its services where reasonably necessary, including in cases of suspected fraud, abuse, unlawful activity, security risks or violations of these Terms, subject to applicable law.

Information transmitted through the Website may pass through different networks and systems and may be technically modified where necessary to meet network, device or service requirements.

Payment information is processed through secure payment providers and technologies made available through the Website.

You may not reproduce, duplicate, copy, sell, resell, distribute or commercially exploit any portion of the Website or its services without prior written authorisation from PANDHESS, except where permitted by applicable law.

Headings used in these Terms are provided for convenience and do not affect their interpretation.

ARTICLE 3 - ACCURACY AND TIMELINESS OF INFORMATION

PANDHESS takes reasonable steps to ensure that information published on the Website is accurate and up to date.

Certain general information may change over time. The essential characteristics, prices and contractual conditions applicable to an order are those presented to the Customer when the order is placed, subject to applicable law.

The Website may occasionally contain historical or archived information that is provided for reference purposes only.

PANDHESS may modify or update Website content when reasonably necessary.

ARTICLE 4 - CHANGES TO THE SERVICE AND PRICES

Product prices may be changed from time to time.

Price changes will not affect an order that has already been confirmed at a different price, except where otherwise permitted or required by applicable law.

PANDHESS may modify, suspend or discontinue all or part of the Website or certain features where reasonably necessary.

Where reasonably possible, PANDHESS will seek to minimise disruption to users.

ARTICLE 5 - PRODUCTS AND SERVICES

Certain Products or services may be available exclusively online through the Website and may be available in limited quantities.

Returns and refunds are governed by the PANDHESS Return & Refund Policy and any mandatory rights available under applicable law.

PANDHESS makes reasonable efforts to display Product photographs, colours and other visual elements as accurately as possible.

However, the appearance of colours and certain visual details may vary depending on the Customer's screen, device settings, lighting conditions or other display-related factors.

PANDHESS may, where reasonably necessary and permitted by applicable law, limit Product quantities or refuse orders that appear manifestly abnormal, fraudulent or intended for unauthorised resale.

Product descriptions, availability and prices may be updated from time to time. Discontinuation or modification of a Product does not affect rights relating to orders already confirmed.

PANDHESS Products benefit from any rights and protections required by applicable law and, where applicable, the commercial warranty described in the PANDHESS Terms and Conditions of Sale.

ARTICLE 6 - BILLING AND ACCOUNT INFORMATION

PANDHESS reserves the right, where permitted by applicable law, to refuse, limit or cancel an order in circumstances including suspected fraud, payment issues, manifest errors, abnormal order quantities or unauthorised resale activity.

If an order is modified or cancelled by PANDHESS after being placed, PANDHESS will make reasonable efforts to notify the Customer using the contact information provided with the order.

Customers agree to provide current, complete and accurate purchase, billing, shipping and account information.

Customers are responsible for keeping their account information reasonably up to date, including their email address and other information necessary to complete transactions and receive communications regarding their orders.

Return and refund conditions are provided in the PANDHESS Return & Refund Policy.

ARTICLE 7 - OPTIONAL TOOLS

PANDHESS may provide access to tools, applications or services supplied by third parties.

These third-party tools may be subject to their own terms, privacy policies and conditions of use.

PANDHESS does not control all aspects of third-party services and, to the extent permitted by applicable law, is not responsible for matters arising solely from the operation of a third-party service outside PANDHESS's reasonable control.

Users should review the applicable terms and policies of third-party providers before using their services.

New services, features, tools or resources may be added to the Website in the future and may also be subject to these Terms.

ARTICLE 8 - THIRD-PARTY LINKS

Certain content, tools or services available through the Website may include materials or links provided by third parties.

Third-party links may direct users to websites or services that are not operated or controlled by PANDHESS.

PANDHESS does not control the content, availability, privacy practices or terms of independent third-party websites.

Users should review the applicable policies and terms of any third-party website before entering into a transaction or providing personal information.

Questions or complaints relating exclusively to a third party's products or services should be directed to the relevant third party, without limiting any rights the Customer may have against PANDHESS under applicable law.

ARTICLE 9 - USER COMMENTS, FEEDBACK AND SUBMISSIONS

Users may submit reviews, comments, suggestions, ideas, feedback or other content to PANDHESS where the Website provides this functionality.

By submitting content, the user grants PANDHESS, to the extent permitted by applicable law, a non-exclusive, worldwide, royalty-free licence to use, reproduce, adapt, publish, translate and display that content for purposes related to operating, promoting and improving PANDHESS and its services.

This licence does not transfer ownership of the user's content to PANDHESS.

PANDHESS may moderate or remove content that it reasonably considers unlawful, abusive, threatening, defamatory, discriminatory, obscene, fraudulent, misleading, infringing or otherwise contrary to these Terms.

Users must not submit content that infringes the intellectual property, privacy or other rights of another person.

Users must not submit malicious software, false information, fraudulent reviews or content intended to mislead PANDHESS or other users regarding its origin.

Users remain responsible for the content they submit and its accuracy, subject to applicable law.

ARTICLE 10 - PERSONAL INFORMATION

The submission and processing of personal information through the Website is governed by the PANDHESS Privacy Policy and applicable data protection and privacy laws.

Depending on the user's state of residence and where applicable, additional rights may be available under United States state privacy laws.

ARTICLE 11 - ERRORS, INACCURACIES AND OMISSIONS

The Website may occasionally contain typographical errors, inaccuracies or omissions relating to Product descriptions, prices, promotions, offers, shipping information, delivery estimates or Product availability.

PANDHESS reserves the right to correct errors, inaccuracies or omissions and to update information where reasonably necessary.

Where an error affects an order that has already been placed, PANDHESS will handle the situation in accordance with applicable law and the contractual conditions applicable to the order.

Nothing in this Article limits any mandatory rights available to the Customer under applicable law.

ARTICLE 12 - PROHIBITED USES

Users must not use the Website, its content or services :

  • for any unlawful or fraudulent purpose ;
  • to encourage or participate in unlawful activities ;
  • to violate applicable laws or regulations ;
  • to infringe the intellectual property, privacy or other rights of PANDHESS or any third party ;
  • to harass, threaten, abuse, defame or unlawfully discriminate against another person ;
  • to submit false, fraudulent or misleading information ;
  • to upload or transmit viruses, malware or other malicious code ;
  • to unlawfully collect, track or use another person's personal information ;
  • to engage in phishing, spam, scraping or other abusive automated activity ;
  • to interfere with or circumvent security measures protecting the Website, its services or related systems.

PANDHESS may restrict or terminate access to the Website where a user materially violates these restrictions, subject to applicable law.

ARTICLE 13 - DISCLAIMER AND LIMITATION OF LIABILITY

PANDHESS takes reasonable steps to maintain the availability, security and proper functioning of the Website.

However, PANDHESS does not guarantee that access to the Website will always be uninterrupted or free from technical errors.

The Website may occasionally be temporarily unavailable due to maintenance, updates, network failures, third-party service interruptions or circumstances beyond PANDHESS's reasonable control.

To the extent permitted by applicable law, PANDHESS will not be liable for indirect or consequential losses arising solely from temporary Website unavailability, technical failures outside its reasonable control or misuse of the Website by a user.

Nothing in these Terms excludes, restricts or limits any liability or consumer right that cannot lawfully be excluded, restricted or limited.

Nothing in this Article affects the Customer's rights concerning Products purchased through the Website, including rights relating to defective, damaged or incorrect Products.

ARTICLE 14 - USER RESPONSIBILITY

Users agree to use www.pandhess.com in accordance with applicable laws and these Terms of Use.

Users may be held responsible, to the extent permitted by applicable law, for direct losses caused by their fraudulent, abusive, unlawful or intentionally harmful use of the Website.

Nothing in this Article requires a consumer to waive any right or protection that cannot lawfully be waived.

ARTICLE 15 - SEVERABILITY

If any provision of these Terms of Use is determined to be unlawful, invalid or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law or, where necessary, treated as severed from these Terms.

The invalidity or unenforceability of one provision will not affect the validity or enforceability of the remaining provisions.

ARTICLE 16 - TERMINATION

These Terms remain applicable while a user accesses or uses the Website.

Users may stop using the Website at any time.

PANDHESS may suspend or terminate a user's access to all or part of the Website where reasonably necessary because of a material violation of these Terms, fraudulent or unlawful activity, security concerns or misuse of the Website.

Provisions which by their nature are intended to continue after termination, including provisions relating to intellectual property, liability and obligations arising before termination, will continue to apply where appropriate.

ARTICLE 17 - ENTIRE AGREEMENT

These Terms of Use, together with any applicable policies and contractual terms published by PANDHESS, govern the use of the Website.

For purchases made through the Website, the PANDHESS Terms and Conditions of Sale and applicable store policies also form part of the contractual framework governing the transaction.

A failure by PANDHESS to exercise or enforce a right under these Terms does not constitute a waiver of that right.

Nothing in these Terms excludes any information, representation or right that cannot lawfully be excluded under applicable law.

ARTICLE 18 - GOVERNING LAW

These Terms of Use are governed by French law.

However, this choice of law does not deprive users or Customers residing in the United States of any mandatory rights or protections available to them under applicable federal or state law.

Any dispute relating to these Terms will be handled by the courts having jurisdiction under applicable law.

ARTICLE 19 - CHANGES TO THESE TERMS OF USE

The most recent version of these Terms of Use is available on this page.

PANDHESS may update, modify or replace these Terms from time to time by publishing the revised version on the Website.

Changes apply prospectively from the date they become effective and do not retroactively alter the contractual terms applicable to orders already concluded, except where required or permitted by applicable law.

Continued use of the Website after updated Terms become effective constitutes acceptance of the updated Terms to the extent permitted by applicable law.

ARTICLE 20 - CONTACT INFORMATION

Questions regarding these Terms of Use may be sent to PANDHESS at :

PANDHESS
Owner : Théana Holl, sole trader
Postal address : 47 rue Vivienne, 75002 Paris, France
SIRET : 10345884000016
Email : contact@pandhess.com
Telephone : +33 7 56 84 68 33
VAT : VAT not applicable under Article 293 B of the French General Tax Code

Customer Service hours :
Monday to Friday : 9:00 AM - 6:00 PM (Paris time)
Response time : 24 - 48 business hours

Hosting provider : Shopify Inc.
151 O'Connor Street, Ground Floor
Ottawa, Ontario, K2P 2L8
Canada