Terms & Conditions
These terms and conditions ("Agreement") govern your use of the Couleur Aube LLC website (the "Site") and any products or services available on or through the Site. By using the Site or purchasing any products or services through the Site, you agree to be bound by this Agreement.
1. Site Use
The Site is owned and operated by Couleur Aube LLC. You may use the Site for lawful purposes only and in accordance with this Agreement. You agree not to use the Site:
a. in any way that violates any applicable federal, state, local, or international law or regulation;
b. to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by Couleur Aube LLC, may harm Couleur Aube LLC or users of the Site or expose them to liability;
c. to upload, transmit, or otherwise distribute any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
or d. to transmit any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
2. Products
As our products are handmade, there may be some unwanted defaults. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. However, we cannot guarantee that your computer monitor's display of any color will be accurate.
3. Intellectual Property
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Couleur Aube LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:
a. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
b. You may store files that are automatically cached by your Web browser for display enhancement purposes.
C. You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
4. Purchases and Payment
If you wish to purchase any products made available through the Site, you may be asked to supply certain information relevant to your purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase; and that (ii) the information you supply to us is true, correct, and complete.
We may employ the use of third-party services for the purpose of facilitating payment and the completion of purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
5. Customs and import taxes
Any customs and import taxes are to be paid by the buyers. I am not responsible for any delays caused by customs.
6. Shipping and Delivery
All products are shipped according to the shipping method selected by you during checkout. We are not responsible for any delays or errors caused by the shipping carrier.
Risk of loss and title for all products ordered by you shall pass to you upon our delivery to the shipping carrier.
7. Returns and Refunds
We accept returns and exchanges in accordance with our Return Policy.
8. Links to Other Websites
Our Site may contain links to third-party websites or services that are not owned or controlled by Couleur Aube LLC. Couleur Aube LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Couleur Aube LLC 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 the use of or reliance on any such content, goods, or services available on or through any such websites or services.
9. Disclaimer of Warranties
The Site and all products and services provided through the Site are provided "as is" and "as available" without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, non-infringement, or course of performance.
10. Limitation of Liability
To the maximum extent permitted by law, in no event shall Couleur Aube LLC, its affiliates, or their respective directors, officers, employees, agents, partners, suppliers, or content providers be liable for any direct, indirect, punitive, incidental, special, consequential, or any other damages whatsoever including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the Site, with the delay or inability to use the Site or related services, the provision of or failure to provide services, or for any information, products, services, and related graphics obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability, or otherwise, even if Couleur Aube LLC or any of its suppliers has been advised of the possibility of damages. If you are dissatisfied with any portion of the Site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Site.
11. Indemnification
You agree to indemnify, defend, and hold harmless Couleur Aube LLC, its affiliates, and their respective directors, officers, employees, agents, partners, suppliers, and content providers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) use or access of the Site, including without limitation any User Content submitted by you or anyone using your account, your violation of this Agreement, or your infringement of any intellectual property or other right of Couleur Aube LLC or any other person or entity.
12. Termination
We may terminate or suspend your access to the Site, without prior notice or liability, for any reason whatsoever, including without limitation if you breach this Agreement. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
13. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.
Any legal suit, action, or proceeding arising out of or related to this Agreement or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the City of New York and County of Kings.
You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
14. Miscellaneous
This Agreement constitutes the entire agreement between Couleur Aube LLC and you concerning the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and Couleur Aube LLC. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Couleur Aube LLC's failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. This Agreement may not be assigned by you without our prior written consent. Couleur Aube LLC may assign or transfer this Agreement, in whole or in part, without restriction.
15. Contact Information
If you have any questions about this Agreement, please contact us at:
Couleur Aube LLC; marion@couleur-aube.com