TERMS
TERMS OF USE
These Terms of Use govern your use of the website located at www.jourausoir.com (the “Site”) and any other website, microsite, mobile device application, Internet property or related service owned, or operated by Jour au Soir (the “Properties”).
BY USING THE PROPERTIES, YOU ACCEPT AND AGREE TO THESE TERMS OF USE. If you disagree with any part of these Terms of Use, you may not access or otherwise use the Properties. These Terms of Use apply to all visitors, users and others who access or use the Properties.
Our Properties may contain links to third party web sites or services that are not owned or controlled by Jour au Soir. Jour au Soir assumes no responsibility for, the content, privacy policies, or practices of any third party web sites, services or properties. You further acknowledge and agree that Jour au Soir shall not be responsible or liable, directly or indirectly, 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 web sites, services or properties. Jour au Soir strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
ACCEPTABLE USE
You promise you shall not do any of the following or permit any other third parties to do any of the following: (a) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, or profane information of any kind, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, provincial, state, national or international law, including without limitation, export control laws and regulations; (b) post or transmit any information or software that you are aware
contains a virus, worm, or other harmful component; and (c) upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material which is protected by copyright or other proprietary right, without obtaining the permission of the copyright owner or right holder.
USER GENERATED CONTENT
As between you and Jour au Soir, you own and are entirely responsible for any data, text, software, music, sound, photographs, graphics, images, videos, messages, or other content or materials that you may submit, transmit or otherwise make available on or through any Properties (collectively, "User Content"). All User Content is and will be considered non-confidential and non-proprietary. You acknowledge and agree that you waive any moral (or similar) rights that you may have in any territory in respect of User Content, including but not limited to the right to be attributed as the author of the User
Content and the right not to have the User Content edited or changed in a way you are not happy with.
UTILIZING USER CONTENT
You grant Jour au Soir and its affiliates, representatives, hears and assigns the right to use any or all your
User Content, anywhere in the world for an unlimited period of time, in connection with the Properties for any commercial or non-commercial purposes. Jour au Soir may exercise these rights without notice to you and without paying any compensation to you. It may modify your User Content in its discretion.
Jour au Soir is not required to host, display, or distribute your User Content and we may remove or edit it at any time.
TERMS OF SALE
By placing an order you are offering to purchase a product on and subject to these Terms of Use including the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with Jour au Soir you must be over 18 years of age and possess a valid PayPal Account or credit or debit card issued by a bank acceptable to us. Jour au Soir retains the right to refuse any request made by you. If your order is accepted we will inform you by email. When placing an order with Jour au Soir you undertake that all details you provide to us are true and accurate, that you are an authorized user of the PayPal or credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to such change.
(a) Our Contract: When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability: While Jour au Soir will try to ensure that all details, descriptions and prices which appear on its Properties are accurate, errors may occur. In the event of a pricing mistake,
Jour au Soir may cancel orders up to the point of shipping. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If the order is canceled and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable. You agree to pay all applicable taxes.
(c) Payment: The monies received from PayPal or upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been shipped, the monies paid as a deposit shall be used as consideration for the value of goods you have purchased.
(d) Returns of Product: You may return the products you purchased from the Properties or this Site in accordance with our Customer Care policy, which is incorporated herein by reference for all purposes. A copy of our Customer Care policy is available on this Site.
DISCLAIMER AND LIMITATION OF LIABILITY
THE MATERIAL DISPLAYED ON THE PROPERITES IS PROVIDED “AS IS” OR “AS AVAILABLE WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES AS TO ITS ACCURACY.
UNLESS EXPRESSLY STATED TO THE CONTRARY TO THE FULLEST EXTENT PERMITTED BY LAW, JOUR AU SOIR AND ITS SUPPLIERS, CONTENT PROVIDERS AND ADVERTISERS HEREBY EXPRESSLY EXCLUDE ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER,
INCLUDING BUT WITHOUT LIMITATION TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, DAMAGE TO GOODWILL OR REPUTATION, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, PERFORMANCE OR FAILURES OF THE PROPERTIES, THIS Site OR THE LINKED SITES AND ANY MATERIALS POSTED THEREON, IRRESPECTIVE OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR ARISE IN CONTRACT, TORT, EQUITY, RESTITUTION, BY STATUTE, AT COMMON LAW OR OTHERWISE.
THIS DOES NOT AFFECT JOUR AU SOIR’S LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF USE OR YOUR USE OF THE PROPERTIES EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO DKC FOR YOUR USE OF THE PROPERTIES OR PURCHASE OF PRODUCTS VIA THE PROPERTIES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES SO SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
INDEMNITY
You agree to indemnify, defend and hold harmless Jour au Soir, its directors, officers, employees, consultants, agents, affiliates, heirs or assigns, from any and all third party claims, liability, damages and/or costs, including, but not limited to, legal fees, arising from your use the Properties or your breach of these Terms of Use.
RIGHTS IN MATERIALS
All the content contained on the Properties, including but not limited to: text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the sole and exclusive property of Jour au Soir. All such content and materials are protected by domestic and international copyright and trademark laws. You hereby agree not to modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the Properties or any contents contained on the Properties without the prior written consent of Jour au Soir.
By registering with the Site you can access or view the prices, product inventories, and submit purchase orders electronically. You are responsible for using the Site in a private and secure manner. We will not be liable for any damage or loss caused from any unauthorized account access resulting from your actions, such as not logging out of the account or sharing your account password. We reserve the right to refuse registration or cancel an account at anytime.
TRADEMARKS
The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the
Properties are registered and unregistered Trademarks of Jour au Soir (or other rights holders) and may not be used in any manner that is likely to cause customer confusion, or that disparages or discredits
Jour au Soir or the applicable rights holder. You do not receive, by implication or otherwise, any license or right to use any Trademark displayed on the Properties without the prior written consent of Jour au Soir.
We will enforce our Trademark rights to the fullest extent of the law.
TERMINATION
Jour au Soir may change, suspend or discontinue any aspect of the Properties or the Properties’ services at any time. If you violate any of these Terms of Use, your permission to use the Properties automatically terminates.
CHANGES TO TERMS OF USE
Jour au Soir, at its sole discretion, to modify, replace, add to or remove any portion of these Terms of Use at any time. Changes in these Terms of Use will be effective when posted on the Site or the Properties.
Your continued use of the Properties, the Site and/or the services offered on or through the Properties or the Site after any changes to these Terms of Use are posted will be considered acceptance of those changes.
By consenting to Jourausoir’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative 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 charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us at info@Jourausoir.com for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Your right to privacy is important to us. You can see our Privacy Policy https://jourausoir.com/pages/privacy to determine how we collect and use your personal information.