Terms of Use
OVERVIEW
Welcome to L'Univers des Câlins! The terms "we," "us," and "our" refer to L'Univers des Câlins. L'Univers des Câlins operates this store and website, including all information, content, features, tools, products, and related services, to provide you, as a customer, with a personalized shopping experience (hereinafter referred to as the "Services"). L'Univers des Câlins is a Shopify-powered store, which allows us to provide you with the Services.
The Terms of Service below, along with all related policies (the "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 cover areas 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 [LINK]. If you do not agree to these Terms of Service or 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 are at least the age of majority in your state or province of residence, and you agree to allow any minor under your care to use the Services on devices that you own, purchase, or manage.
To use the Services, including to access or browse our online stores, or to purchase any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping 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 such information.
You are solely responsible for maintaining the security of your account credentials and for all activities on your account. You are not authorized to transfer, sell, assign, or license your account to another person.
SECTION 2 – OUR PRODUCTS
We have strived to provide an accurate representation of our products and services in our online stores. However, please note that the colors or appearance of products may differ from how they appear on your screen due to the type of device you are using 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 will be the same as that described or rendered in our online stores.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities of any product we offer to any person, geographic region, or jurisdiction, on a case-by-case basis.
SECTION 3 – COMMANDS
When you place an order, you are making an offer to purchase. L'Univers des Câlins reserves the right to accept or refuse your order for any reason, at its discretion. Your order is not accepted until L'Univers des Câlins has confirmed its acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as L'Univers des Câlins may not be able to accommodate cancellation requests after an order has been accepted. In the event that we do not accept, modify, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time of ordering.
Your purchases can only be returned or exchanged in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are intended for your personal or domestic use and not for commercial resale or export.
SECTION 4 – PRICING AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be shown in your order confirmation email. Unless otherwise stated, displayed prices do not include taxes, shipping and handling fees, customs or import fees.
Prices displayed in our online stores may differ from prices offered in physical stores or in online stores or other stores operated by third parties. We may from time to time offer promotions on the Services which may affect prices and which are governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion shall prevail.
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, credit card numbers, and expiration dates, so that we can complete your transactions and contact you if necessary.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use this credit card for the purchase, (iii) the amounts charged by you will be honored by your credit card issuer, and (iv) you will pay the amounts charged by you at the displayed prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All shipping times are estimates and are not guaranteed. We are not liable for delays caused by freight carriers, customs processing, or events beyond our control. Once we transfer the products to the carrier, ownership and risk of loss are transferred to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, trade names, text, displays, images, graphics, product reviews, videos and audio, as well as the design, selection and arrangement thereof, are the property of L'Univers des Câlins, its affiliates or its licensors and are protected by US and foreign patent, copyright and other intellectual property laws.
These Terms authorize you to use the Services for personal and non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit the materials of the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or should be construed as granting any license or other rights to you under any patent, trademark, copyright, or other intellectual property of L'Univers des Câlins, Shopify, or any third party. Unauthorized use of the Services may constitute a violation of federal and national intellectual property laws. All rights not expressly granted herein are reserved by L'Univers des Câlins.
The names, logos, product and service names, designs, and slogans of L'Univers des Câlins are trademarks of L'Univers des Câlins or its affiliates or licensors. You must not use these trademarks without the prior written consent of L'Univers des Câlins. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may have access to client tools offered by third parties as part of the Services, which we do not monitor and over which we have no control or influence.
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 disclaim all liability arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered on the site is entirely your responsibility and at your own discretion, and you must ensure that you know and approve of the conditions under which the tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). These new features should also be considered part of the Services and will be subject to these Terms of Service.
SECTION 8 – LINKS TO THIRD PARTIES
The Services may contain links to and references to documents and websites provided or operated by third parties (including any third-party functionality embedded within). We are not responsible for reviewing or evaluating the content or accuracy of any third-party documents or websites that you choose to access. If you choose to leave the Services to access these third-party documents or sites, you do so at your own risk.
We are not responsible for any harm or damage related to your access to third-party websites, or to your purchase or use of products, services, resources, or content on third-party websites. Please carefully review and ensure you understand the policies and practices of third parties before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be addressed to the third party involved.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
[NOTE TO THE MERCHANT: This section precisely describes the relationship between Shopify and your store and should not be deleted or modified].
L'Univers des Câlins is powered by Shopify, which allows us to provide you with the Services. However, the sales and purchases you make in our Shop are made directly with L'Univers des Câlins. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and L'Univers des Câlins, including any injury, damage or loss resulting from the products and services purchased. You hereby expressly release Shopify and its affiliates from any claim, damage and liability arising from or relating to your purchases and transactions with L'Univers des Câlins.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and some personal information may be subject to Shopify's Privacy Policy, which can be viewed here . By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the Services in order to provide and improve the Services. The information you submit to the Services will be transmitted to and shared with Shopify, as well as with third parties who may be located in countries other than your country of residence, in order to provide you with services. See our Privacy Policy [LINK] for details on how we, Shopify, and our partners use your personal information.
SECTION 11 – LESSONS LEARNED
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, packages, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, and royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any media and for any purpose, including commercial purposes. For example, we may use the rights granted by this license to operate, provide, evaluate, enhance, improve, and promote the Services, as well as to fulfill our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentive received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We have and will have no obligation (1) to maintain the confidentiality of your Feedback; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but are not obligated to, monitor, edit, or remove Feedback that we determine, in our sole discretion, is illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates the intellectual property of any party or these Terms of Service.
You agree that your Feedback does not infringe any third-party rights, including copyright, trademarks, privacy, publicity, or any other personal or proprietary rights. You also agree that your Feedback does not contain defamatory or otherwise illegal, abusive, or obscene material, nor any computer viruses or other malicious software that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you submit and its accuracy. We assume no responsibility for any Feedback posted by you or any third party.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Information on or in the Services may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, 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 is inaccurate, at any time and without notice (including after you have submitted your order).
SECTION 13 – PROHIBITED USES
You may only access and use the Services for lawful purposes. You may not access or use the Services, directly or indirectly, to: (a) engage in any illegal or malicious activity; (b) violate any regulation, rule, international, federal, provincial or national law, or local ordinance; (c) infringe or violate our intellectual property rights or the intellectual property rights of others; (d) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or injure any of our employees or any other person; (e) transmit false or misleading information; (f) knowingly send, receive, upload, download, use or reuse any material that does not comply with these Terms; (g) transmit or cause the transmission of any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) impersonate or attempt to impersonate any other person or entity; or (i) engage in any other conduct that restricts or prevents anyone from using or enjoying the Services, or that we believe may harm, expose to liability, or otherwise damage The Hug Universe, Shopify, or the users of the Services.
Furthermore, you agree not to (a) upload or transmit viruses or any other type of malicious code that will or may be used in a way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any part of the Services; (c) collect or track the personal information of other people; (d) send spam, phishing, pharming, pretexting, robot, spider, or scraping; or (e) interfere with or circumvent the security features of the services or any associated website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine that you have violated any part of these Terms.
SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion, at any time and without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections shall survive any 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 15 – DISCLAIMER OF WARRANTIES
The information presented on or through the Services is provided for general informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on this information is strictly at your own risk. We disclaim all liability arising from the reliance you or any other visitor to the Services, or any other person informed of their content, place on this content.
EXCEPT AS EXPRESSLY STATED BY L'Univers des Câlins, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT THE DISCLAIMER OF IMPLIED WARRANTIES OR OTHER DISCLAIMERS, SO THE DISCLAIMER ABOVE MAY NOT APPLY TO YOU.
SECTION 16 – LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL The Universe of Cuddles, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SERVICES OR ANY PRODUCT OBTAINED THROUGH THE USE OF THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERROR OR OMISSION IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND WHATSOEVER RESULTING FROM THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THEIR POSSIBILITY.
SECTION 17 – COMPENSATION
You agree to indemnify, defend, and hold harmless L'Univers des Câlins, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to a third party due to or arising from (1) your violation of these Terms of Service or any documents incorporated by reference herein, (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 inform you of any claim for which we are liable, provided that failure to give prompt notification will not release you from your obligations unless you suffer significant prejudice. We may control the defense and settlement of such claim at your expense, including the choice of counsel, but we will not settle a claim requiring non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You shall cooperate in the defense of any covered claim, including providing relevant documents.
SECTION 18 – SEPARABILITY
If any provision of these Terms of Service is held to be illegal, void, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, without affecting the validity and enforceability of the remaining provisions.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of the Terms of Service does not constitute a waiver of such right or provision.
These Terms of Service and any operating policies or rules posted by us on this site or concerning the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, all prior versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the party that drafted them.
SECTION 20 – ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt shall be void and of no effect. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notification.
SECTION 21 – GOVERNING LAW
These Terms of Service and any separate agreement by which we provide you with Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where L'Univers des Câlins is headquartered. You and L'Univers des Câlins agree to the venue and personal jurisdiction of these courts.
SECTION 22 – TITLES
The headings used in this agreement are for convenience only and do not limit or affect these Terms and Conditions.
SECTION 23 – CHANGES TO THE TERMS OF SERVICE
You can view the most recent version of the Terms of Service on this page at any time.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will inform you of any material changes to these Terms in accordance with applicable law, and such changes will be effective as of the date specified in the notice. Your continued use of or access to the Services after the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
Questions regarding the Terms of Service should be sent to us at jkobenterprisesces@gmail.com.
Our contact details are shown below:
jkobenterprisesces@gmail.com