CONDITIONS OF USE

CONDITIONS OF USE

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OVERVIEW

This website is operated by kiva nathan. Throughout the site, we use the terms “we”, “us” and “our” in reference to kiva nathan. This web site, including all information, tools and services made available through this web site, is offered by kiva nathan to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you are participating in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms of Use”), including any terms, conditions and policies referenced and/or hyperlinked herein. These Terms of Use apply to all users of the Site, including, without limitation, individuals who are visitors, suppliers, customers, merchants and/or content providers.

Please read these Terms of Use carefully before accessing and 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 of the terms and conditions of this agreement, you may not be able to access the website or use its services. If these Terms of Use are considered an offer, acceptance is expressly limited to them.

Any new tools or features added to this store are also subject to the Terms of Use. You can consult the most recent 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 such updates and/or modifications on our website. It is your responsibility to check this page from time to time for changes. Your continued access or use of the website following the posting of changes will mean that you accept those changes.

Our store is hosted on Shopify Inc. This company provides us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - TERMS OF USE OF THE ONLINE STORE

By accepting these Terms of Use, you represent that you have reached or exceeded the age of majority in your region, province or state and have given us permission to allow any minor in your care to use this site.

You must not use our products for any illegal or unauthorized purpose, or violate any laws in your jurisdiction when using the Service (including, but not limited to, copyright laws).

You may not transmit any worms, viruses or other code of a destructive nature.

A breach or violation of any of the Terms will result in immediate termination of your Services.
SECTION 2 - GENERAL TERMS AND CONDITIONS

We reserve the right to refuse service at any time and for any reason.

You understand that your content (with the exception of your credit card information) may be transferred without encryption and that this includes (a) transmissions over multiple networks; and (b) changes made in order to conform and adapt to the technical requirements of connecting networks or devices. Your credit card information is always encrypted when transferred over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, any use of or access to the Service, or any contact on the website through which the Service is provided, without our express written permission.

The headings used in this Agreement are included for convenience only and shall not limit or affect these Terms in any way.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We cannot be held responsible if the information provided on this site is inaccurate, incomplete or out of date. The content of this site is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting greater, more accurate, more complete or more current sources of information. If you rely on the content of this site, you do so at your own risk.

This site may contain certain historical data. By definition, historical data is not current and is provided for reference purposes only. We reserve the right to modify the contents of this site at any time, but we are under no obligation to update any information contained herein. You acknowledge that it is your responsibility to monitor changes to our site.
SECTION 4 - SERVICE AND PRICE CHANGES

Prices of our products are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part thereof) at any time without notice.

We shall not be liable to you or to any third party for any change in price, or for any modification, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may only be available online through the website. Quantities of these products or services may be limited and their return or exchange is strictly subject to our Returns Policy.

We have endeavored to present as accurately as possible the colors and images of the products featured on the store. However, we cannot guarantee the accuracy with which colors will appear on your computer screen.
We reserve the right, but are not obliged, to restrict the sale of our products or Services to any particular person, geographic region or jurisdiction. We reserve the right to exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer. All product descriptions and pricing are subject to change at any time, without notice and at our sole discretion. We reserve the right to discontinue any product at any time. Any offer of products or services on this site is void where prohibited by law.

We do not warrant that the quality of any products, services, information or other materials purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.
SECTION 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, limit or cancel quantities purchased per person, per household or per order. Such restrictions may include orders placed by or on the same customer account, the same credit card and/or orders using the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting you using the e-mail address and/or billing address or telephone number provided at the time the order was placed. We reserve the right to limit or prohibit orders which, in our opinion, appear to have been placed by traders, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made from our store. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we may complete your transactions and contact you if necessary.

For more information, please see our Return Policy.
SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools that we do not monitor, control or manage.

You acknowledge and agree that we provide access to these tools on an “as is” and “as available” basis, without warranty, representation or condition of any kind and without endorsement. We shall not be liable for anything arising out of or in connection with your use of any Third Party Optional Tools.

Any use by you of optional tools offered through the Site is entirely at your own discretion and risk. In addition, it is your responsibility to inform yourself of and agree to the terms and conditions under which such tools are provided by the relevant third-party supplier(s).

In the future, we may also offer new services and/or features through the website (including the launch of new tools and resources). These new services and/or features will also be subject to these Terms of Use.
ARTICLE 8 - THIRD-PARTY LINKS

Certain content, products and services accessible via our Service may include elements from third parties.

Third-party links on this site may redirect you to third-party websites that are not affiliated with us. We are not required to review or evaluate their content or accuracy, nor do we warrant or assume any responsibility for the content or websites, or other content, products or services of third-party sources.

We are not responsible for any harm or damage related to the purchase or use of goods, services, resources, content or any other transaction related to these third-party websites. Please read the policies and practices of these third parties carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to such third parties.
SECTION 9 - COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you submit specific content (for example, as part of your participation in contests), or if, without a request from us, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by e-mail, by mail or otherwise (collectively, “Comments”), you grant us the right, at any time and without restriction, to modify, copy, publish, distribute, translate and use in any media whatsoever any Comments you send to us. We are not and shall not be under any obligation (1) to maintain the confidentiality of any Comments; (2) to compensate any person for any Comments provided; or (3) to respond to any Comments.
7. We may, but are not obligated to, remove Content and Accounts containing Content that we deem, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or to violate any party's intellectual property or these Terms of Use.

You agree that your comments shall not in any way infringe the rights of third parties, including copyrights, trademarks, privacy, personality or any other personal or intellectual property rights. You further agree that your Comments shall not contain any unlawful, abusive or obscene material, or any computer virus or other malicious software that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone you are not, or attempt to mislead us or third parties as to the origin of comments. You are entirely responsible for any comments you make and for their accuracy. We accept no responsibility or liability for any comments posted by you or any third party.

ARTICLE 10 - PERSONAL INFORMATION

The transmission of your personal information on our store is governed by our Privacy Policy. Click here to consult our Privacy Policy.
ARTICLE 11 - ERRORS, INACCURACIES AND OMISSIONS

From time to time, our site or the Service may contain information that contains typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, shipping charges, lead 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 on the Service or any related website is inaccurate, at any time and without notice (including after you have placed your order).

We are under no obligation to update, modify or clarify any information on the Service or any related website, including but not limited to pricing information, except as required by law. No specific update or refresh date applied to the Service or any related website shall be defined to indicate that all information offered in the Service or on any related website has been modified or updated.
SECTION 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 induce others to commit or participate in illegal acts; (c) to violate any local ordinance or any international, federal, provincial or state regulation, rule or law; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, hurt, slander, libel, disparage, intimidate or discriminate against anyone on the basis of gender, sexual orientation, religion, ethnic origin, 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 to compromise the functionality or operation of the Service or any related web site, other web sites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, hijack, extort information, browse, search or scan the web; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent security measures of the Service or any related site, other web sites or the Internet. We reserve the right to terminate your use of the Service or any related web site for violating the Prohibited Terms of Use.
ARTICLE 13 - EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY

We do not warrant, represent or represent that your use of our Service will be uninterrupted, secure, timely or error-free.

We do not warrant that the 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 withdraw the Service for indefinite periods or cancel it at any time without notice.

You expressly agree that your use of the Service, or your inability to use it, is at your sole risk. The Service and all products and services delivered to you through it are (unless expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Kiva Nathan, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, revenue, savings, data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Service or any products procured 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 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 via the Service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

ARTICLE 14 – INDEMNIFICATION

You agree to indemnify, defend, and hold Kiva Nathan and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

ARTICLE 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

ARTICLE 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ARTICLE 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to 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, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

ARTICLE 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 12 Mail Gay Lussac, Neuville Sur Oise, VAL d'Oise, 95000, France.

ARTICLE 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.