Terms & Conditions of Use
Terms & Conditions of Us
OVERVIEW
This website is operated by Pomme. Throughout the site, the terms "we," "our," and "us" refer to Pomme. This website, including all information, tools, and services available on it, is provided to you by Pomme as a user, subject to your acceptance of all the terms, conditions, policies, and notices stated herein.
By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms and Conditions," "Terms of Use"), including the terms, conditions, and policies referenced herein and/or linked via hyperlink. These Terms of Use apply to all users of the site, including, but not limited to, visitors, vendors, customers, merchants, and/or content providers.
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 of this agreement, you may not access the website or use its services. If these Terms of Use are considered an offer, acceptance is expressly limited to these terms.
Each new tool or feature added to this store is also subject to these Terms of Use. You may review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Use by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website after any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS OF USE
By agreeing to 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 you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
Any breach or violation of any of the Terms will result in an immediate termination of your Services.
By opting in to Apple Checkout SMS marketing and initiating a purchase or subscribing via our subscription tools, you consent to receive recurring SMS notifications (including order updates, abandoned cart reminders), marketing SMS offers, and transactional texts, including review requests, even if your mobile phone number is on a federal or state do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you no longer wish to receive marketing text messages and notifications, please STOP any mobile messages sent by us or use the unsubscribe link provided in one of our messages. You understand and agree that alternative unsubscribe methods, such as using other words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all messaging and data rates charged by your wireless provider. Message and data rates may apply.
If you have questions, please send a help message to the number from which you received the messages. You may also contact us for more information.
We reserve the right to change any phone number or shortcode we use to operate the service at any time. You will be notified of such changes. You agree that messages you send to a phone number or shortcode that we have changed, including STOP or HELP requests, may not be received and we are not obligated to honor such requests.
To the extent permitted by applicable law, you agree that we shall not be liable for failure to timely or accurately route any information sent through the Service, any errors in such information, and/or any actions you may or may not take based on the information or service.
Your privacy rights are important to us. You can read our Privacy Policy to learn how we collect and use your personal information.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (except credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the site through which the Service is provided, without express written permission from us.
The headings used in this agreement are for convenience only and have no legal or contractual effect.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The content on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more 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 current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we are not obligated to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO SERVICE AND PRICES
Prices for 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 modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products on the store. However, we cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, without obligation, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products or services that we offer.
All descriptions of products or product pricing 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 guarantee that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, or that 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.
These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
We reserve the right to limit or prohibit orders that, in our sole judgment, 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 and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more information, please review our Return Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor control nor have any input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement.
We shall have no liability whatsoever arising from or related to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion.
You should ensure that you are familiar with and approve the terms of use for any third-party tools that you use.
We may also, in the future, offer new services and/or features through the site (including the launch of new tools and resources).
Such new features and/or services shall also be subject to these Terms of Use.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials 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 examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites or services.
Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction.
Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 9 - COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
We are not obligated to keep any comments confidential, or to pay compensation for any comments, or to respond to any comments.
We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
You agree that your comments will not violate any rights of any third party, including copyrights, trademarks, privacy, personality or other intellectual property rights.
You further agree that your comments will not contain any material that is unlawful, abusive, threatening, defamatory, obscene, or otherwise objectionable, or contain any viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, data or personal information.
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us or third parties about the origin of any comments.
You are solely responsible for any comments you make and their accuracy.
We do not accept any responsibility or liability for any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
Transmission of your personal information through our store is governed by our Privacy Policy. Please see here to view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
From time to time, our site or the Service may include information that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We are not obligated to update, amend or clarify information on the Service or on any related website, including pricing information, except as required by law.
No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the site or its content:
(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, 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 in any way that will affect the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for obscene or immoral purposes; or (k) to 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.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted or error-free.
We do not guarantee 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 of time or cancel the service at any time, without notice.
You expressly agree that your use of or inability to use the service is at your sole risk.
The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representations, warranties or conditions 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.
In no case shall Pomme, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to, lost profits, revenue, savings, or data, costs of replacement goods, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of or inability to use the service or any service or product obtained through 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 the possibility of such damages.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
SECTION 14 - INDEMNIFICATION
You agree to indemnify and hold harmless Pomme and its parent company, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees 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 Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 15 - SEVERABILITY
If any provision of these Terms of Use is held to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the remaining provisions of these Terms of Use shall remain in full force and effect.
SECTION 16 - TERMINATION
Obligations and liabilities incurred prior to termination shall survive the termination of these Terms of Use for all purposes.
These Terms of Use will remain in effect until terminated by either 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 cease using our site.
We may also terminate these Terms of Use at any time without notice if in our sole discretion you fail to comply with any term or provision of these Terms of Use. Upon termination, you remain liable for all amounts due up to and including the date of termination and we may refuse you access to our services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us 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 other 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 Use).
Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Use and any separate agreements whereby we provide you Services shall be governed and construed in accordance with the laws of France.
SECTION 19 - CHANGES TO TERMS OF USE
You may review the most current version of the Terms of Use at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use 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 Terms of Use constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Use should be sent to us at: contact@greenpomme.com.