General Terms and Conditions

General Terms and Conditions


TERMS OF USE


This site is operated by Catcold™. Throughout the site, the terms "we", "us" and "our" refer to Catcold™. Catcold offers this website, including all information, tools and services available from this website to you, the user, subject to your acceptance of 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 Use", "Conditions"), including these 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, suppliers, 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 site or use services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

Any new features or tools added to the current store are also 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 check this page periodically for changes. Your continued use or 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.

SECTION 1 - ONLINE SHOP CONDITIONS

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 and you may not, in using the Service, violate the laws of your jurisdiction (including, but not limited to, copyright laws).
You must not transmit worms, viruses or destructive code.
A breach or violation of any of the Terms will result in the immediate termination of your Services.

SECTION 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 different networks; and (b) modifications to comply and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted when transferring over networks.
You agree not to reproduce, duplicate, 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 affect these terms and conditions.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if the information provided on this site is not accurate, complete or up to date. The content of this site is provided for general information purposes only and should not be used as the sole basis for making decisions without consulting primary, more accurate, complete or timely sources of information. Any reliance on the content of 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 on our site.

SECTION 4 - SERVICE CHANGES AND PRICES

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 at any time.
We will not be liable to you or any third party for any modification, price change, suspension or interruption of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Some products or services may be available exclusively online via 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 the store. We cannot guarantee that the display of any color 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 products or services we offer. All product descriptions or product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service 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.



Marketing Text and Notifications (if applicable): By entering your phone number at the checkout and initiating a purchase, subscribing via our subscription or a keyword, you agree that we may send you SMS notifications (for your order, including abandoned shopping cart reminders) and marketing SMS offers. Text marketing messages will not exceed X per month. You can unsubscribe from any other text messages by clicking on the unsubscribe link. Sending text messages or using 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 message delivery status, sending status and, in some cases, whether the purchase resulted in a sale. If you decide to use our link shortener in text messages, we will collect information to determine whether or not the link has been 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 accept. When sending text messages, we will transmit the data to our text message operator for delivery. Information is only shared with our operator when a marketing campaign is initiated. 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.

 

SECTION 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 that we change or cancel an order, we may attempt to inform you by contacting the e-mail address and/or billing address / telephone number provided at the time of ordering. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by resellers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made in 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 if necessary.

For more details, please consult our return policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we do not monitor and have no control or input.
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 approval. We disclaim any liability arising from or related to your use of optional third-party tools.
Any use by you of the optional tools offered on the site is entirely at your own risk and you must ensure that you are aware of and agree with the 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 via 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.

SECTION 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 or assume any liability for third party materials or websites, or for any other third party materials, products or services.
We are not responsible for any damage or injury related to the purchase or use of goods, services, resources, content or any other transaction carried out in connection with third party websites. Please carefully review the policies and practices of third parties and make sure you understand them before entering into a transaction. Complaints, complaints, concerns or questions regarding third party products should be directed to the third party.

 

SECTION 9 - USER COMMENTS, COMMENTS AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (e.g., contest entries) or without a request from us, you send creative ideas, suggestions, 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, edit, copy, publish, distribute, translate and use in any medium the Comments you send us. We are and will have no obligation to (1) keep comments confidential; (2) pay compensation for comments; or (3) respond to comments.
We may, but have no obligation to monitor, edit or delete content that we determine in our sole discretion is illegal, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates the intellectual property of any party or these Terms of Service.
You agree that your comments do not violate any rights of any third party, including copyrights, trademarks, confidentiality, personality or any other personal or exclusive rights. You further agree that your comments will not contain any defamatory or illegal, abusive or obscene material, or contain computer viruses or other malicious software that may affect 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 others as to the origin of comments. You are solely responsible for the comments you make and their accuracy. We do not take any responsibility and assume no liability for comments published by you or by a third party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information in the store is governed by our privacy policy. To view our privacy policy.

SECTION 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, shipping costs, delivery times and availability. We reserve the right to correct any error, inaccuracy or omission, to change or update information or to cancel orders if information on the Service or any related website is inaccurate at any time without notice (including after placing your order).
We assume no obligation to update, modify or clarify the information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No update or update date specified in the Service or on a related website should be taken to indicate that all information on the Service or 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 unlawful purposes; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any international, federal, provincial or state local regulations, rules, laws or ordinances; (e) harass, abuse, insult, injure, defame, slander, denigrate, intimidate or discriminate on the basis of sex, sexual orientation, religion, ethnicity, race, age, national origin or disability; f) 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 affect the functionality or operation of the Service or any related website, other websites or the Internet; (h) collect or track the personal information of others; (i) for spam for obscene or immoral purposes; or (k) to interfere with or bypass the security functions of the Service or any related website, other website.

 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, warrant or guarantee that your use of our service will be uninterrupted, timely, secure 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 remove the service for indefinite periods or cancel the service at any time without notice.
You expressly agree that your use or inability to use the service is at your own risk. The Service and all products and services provided to you by the Service are (except as expressly stated by us) provided "as is" and "as available" 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.
In no event shall our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, punitive, or consequential damages of any kind, including, without limitation, lost profits, lost revenues, lost data, lost data, replacement costs or similar damages, whether in contract, tort (including negligence), strict liability or other liability arising from your use of the service or products 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 incurred as a result of the use of the service or any content (or product) posted, transmitted or made available through the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for indirect or incidental damages, in such states or jurisdictions, our liability will be limited to the fullest extent permitted by law.

SECTION 14 - COMPENSATION

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


SECTION 15 - SEVERABILITY

In the event that 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 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 the remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date will survive the termination of this agreement for all purposes.
These Terms of Use are in effect unless and 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 fail to do so or if we suspect that you have failed, you 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, as a result, refuse you access to our Services (or any part thereof).

 

SECTION 17 - THE 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 the rules or operating rules published by us on this site or regarding 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, oral or written, between you and us (including, without limitation, any prior version of the Terms of Use).
Any ambiguity in the interpretation of these Terms of Use shall not be interpreted against the drafting party.

SECTION 18 - APPLICABLE LAW

These Terms of Use and the separate agreements under which we provide Services to you will be governed by and construed in accordance with the laws of Montpellier FR 34070.

SECTION 19 - MODIFICATION OF THE 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 modifications on our website. It is your responsibility to periodically check our website for changes. Your continued use or access to our website or the Service after any changes to these Terms of Use are posted constitutes acceptance of such changes.

SECTION 20 - CONTACT INFORMATION

Questions about the terms of use should be sent to us at info@catcold.com

 

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