General terms of use
PREVIEW
Welcome to Diamelys! The terms "we," "us," and "our" refer to Diamelys. Diamelys operates this store and website, including all related information, content, features, tools, products, and services, to provide you, as a customer, with a seamless shopping experience (the "Services"). Diamelys is powered by Shopify, which enables us to provide the Services to you.
These terms and conditions, together with any policy referenced herein (the "Terms of Use" or the "Terms"), describe your rights and responsibilities when using the Services.
Please read these Terms of Use carefully, as they contain important information about your legal rights and cover, in particular, warranty exclusions and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Use and our Privacy Policy [LINK]. If you do not agree to these Terms of Use or the Privacy Policy, you must not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By accepting these Terms of Use, you represent that you are at least the age of majority in your state, province or country of residence, and that you have given your consent to allow your minor children to use the Services on devices that you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing products or services we offer, you may be asked to provide certain information, such as your email address, as well as your billing, payment, and shipping information. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all the necessary rights to provide this information.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur through your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to accurately present our products and services in our online stores. However, please note that the colors or appearance of the products may differ from what you see on your screen due to the type of device you use to access the store and your device's settings or configurations.
We do not guarantee that the appearance or quality of the products or services purchased will meet your expectations, nor that they will be identical to those depicted or rendered in our online stores.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products we offer to any person, geographic region, or jurisdiction on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Diamelys reserves the right to accept or refuse your order for any reason, at its sole discretion. Your order is only accepted once Diamelys confirms its acceptance. We must have received and processed your payment before your order is accepted. Please carefully review your order before submitting it, as Diamelys may not be able to accept cancellation requests after the order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you by contacting you at the email address, billing address, and/or phone number provided at the time the order was placed.
Your purchases are subject to return or exchange only in accordance with our Refund Policy [LINK].
You declare and warrant that your purchases are for your personal or domestic use and not for commercial resale or export.
SECTION 4 - PRICE AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be shown in the order confirmation email. Unless expressly stated otherwise, prices do not include taxes, shipping, handling, customs, or import fees.
The prices displayed in our online stores may differ from the prices offered in physical stores or in other online stores or points of sale operated by third parties. We may, from time to time, offer promotions on the Services that may affect prices and are governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, accurate and complete, (ii) that you are duly authorized to use this credit card for the purchase, (iii) that the charges incurred by you will be honored by your credit card company and (iv) that you will pay the charges incurred at our current prices, including all shipping and handling charges and applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs clearance, or any event beyond our control. Once we hand the products over to the carrier, ownership and risk of loss are transferred to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, trade names, text, displays, images, graphics, product reviews, videos and audio content, as well as their design, selection and arrangement, are owned by Diamelys, its affiliates or its licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms authorize you to use the Services solely for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any element of the Services without our prior written consent. Except as expressly provided otherwise, nothing in these Terms grants you, or shall be construed as granting you, any license or other right to any patent, trademark, copyright, or other intellectual property right of Diamelys, Shopify, or any third party. Any unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted to you herein are reserved by Diamelys.
The names, logos, product and service names, designs, and slogans of Diamelys are trademarks of Diamelys or its affiliates or licensors. You may not use these trademarks without the prior written consent of Diamelys. The names, logos, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing on the Services are trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
As part of the Services, you may be given access to certain tools provided by third parties, which we do not monitor and over which we have no control or influence.
You acknowledge and agree that we provide access to these tools "as is" and "as available," without any warranties, representations, or conditions of any kind and without any endorsement. We shall not be liable in any way for your use of these optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms under which such tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the provision of new tools and resources). These new features will also be considered part of the Services and will be subject to these Terms of Use.
SECTION 8 - LINKS TO THIRD PARTIES
The Services may contain content and hyperlinks to websites provided or operated by third parties (including any integrated third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party content or website you choose to access. If you decide to leave the Services to access such third-party content or websites, you do so at your own risk.
We are not responsible for any damages or losses related to your access to third-party websites, or your purchase or use of any products, services, resources, or content available on those third-party sites. Please carefully review the policies and practices of these third parties and make sure you understand them before entering into any transaction. Any complaints, claims, concerns, or questions regarding third-party products or services should be directed to the relevant third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately describes the relationship between Shopify and your store and should not be deleted or modified.]
Diamelys is powered by Shopify, which allows us to provide you with the Services. However, all sales and purchases you make in our Store are made directly with Diamelys. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Diamelys, including any harm, damage, or loss resulting from purchased products and services. You expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising out of, or related to, your purchases and transactions with Diamelys.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be found here [LINK], and some personal information may be subject to Shopify's Privacy Policy, which can be found here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve the Services for you. The information you submit to the Services will be transmitted to and shared with Shopify and with third parties who may be located in countries other than your own, in order to provide you with services. See our Privacy Policy [LINK] for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 - COMMENTS AND REVIEWS
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, opinions, criticisms, proposals, plans, or other content (collectively, "Comments"), you grant us a worldwide, perpetual, transferable, sublicensable, and royalty-free license to use, reproduce, modify, publish, distribute, and display such Comments in any media and for any purpose, including commercial purposes. We may, for example, exercise these rights to operate, provide, evaluate, improve, and promote the Services, and to fulfill our obligations and exercise our rights under these Terms of Use.
You also represent and warrant that: (i) you own or have all necessary rights to the Comments; (ii) you have disclosed any compensation or benefit received in connection with the submission of your Comments; and (iii) your Comments will comply with these Terms. We have no obligation (1) to maintain your Comments in confidence; (2) to pay compensation for your Comments; or (3) to respond to your Comments.
We may, but are not obligated to, monitor, edit, or remove any Comment that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene, pornographic, or otherwise objectionable, or that violates any party's intellectual property or these Terms of Use.
You agree that your Comments will not violate any third-party rights, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. You further agree that your Comments will not contain any defamatory, unlawful, abusive, or obscene material, or any computer virus or other malicious program that could in any way affect the operation of the Services or any related website. You may not use a false email address, impersonate another person, or otherwise mislead us or any third party as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We assume no liability for any Comments posted by you or any third party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on or within the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 - PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, or local law, regulation, rule, or law; (c) to infringe upon our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, injure, defame, slander, disparage, intimidate, or otherwise harm any of our employees or any other person; (e) to transmit any false or misleading information; (f) to knowingly send, receive, upload, use, or reuse any content that does not comply with these Terms; (g) to transmit or cause to be transmitted any advertising or promotional material, including any "junk mail," "chain letters," "spam," or other similar solicitation; (h) to impersonate any other person or entity or attempt to do so; or (i) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or that we believe may harm Diamelys, Shopify, or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit any viruses or other malicious code that could affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phishing, pharming, pretexting, spidering, crawling, or scraping; or (e) circumvent or compromise the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we believe you have violated any part of these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion, at any time and without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply after any termination: Intellectual Property, Comments, Termination, Exclusion of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision which, by its nature, should survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is provided for general information purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on this information is strictly at your own risk. We disclaim all liability arising from any reliance placed on this content by you, any other visitor to the Services, or anyone who may become aware of this content.
UNLESS EXPRESSLY STATED BY Diamelys, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR PROHIBIT THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
SECTION 16 - LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Diamelys, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SUBCONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, NOR SHOPIFY OR ITS AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, LOSS, CLAIM, OR INJURY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOST DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING THE NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCT OBTAINED THROUGH THE SERVICES, OR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERROR OR OMISSION IN ANY CONTENT, OR ANY LOSS OR DAMAGE RESULTING FROM THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 17 - COMPENSATION
You agree to indemnify, defend and hold harmless Diamelys, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against any and all losses, damages, liabilities or claims, including reasonable attorneys’ fees, due to or arising out of (1) your breach of these Terms of Use or the documents incorporated herein by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will inform you of any claim giving rise to compensation, it being understood that failure to promptly notify you will only release you from your obligations if you suffer significant harm. We may control the defense and settlement of such a claim at your expense, including the selection of counsel, but we will not settle any claim involving non-monetary obligations on your part without your consent (which consent shall not be unreasonably withheld). You will cooperate in the defense of such claims, including by providing the relevant documentation.
SECTION 18 - DIVISIBILITY
If any provision of these Terms of Use is deemed illegal, void, or unenforceable, that provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms of Use. This determination will not affect the validity and enforceability of any other remaining provisions.
SECTION 19 - WAIVER; 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 all policies or operating rules posted by us on this site or relating 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 or proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).
Any ambiguity in the interpretation of these Terms of Use shall not be construed against the drafting party.
SECTION 20 - ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any attempt to do so will be void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.
SECTION 21 - APPLICABLE LAW
These Terms of Use and any separate agreement whereby we provide you with Services are governed by and construed in accordance with the laws and jurisdiction of the federal, state, and territorial courts of the jurisdiction where Diamelys has its registered office. You and Diamelys consent to the territorial and personal jurisdiction of such courts.
SECTION 22 - TITLES
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 - CHANGES TO THE TERMS OF USE
You can view the most recent version of the Terms of Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify, 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. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective as of the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
For any questions regarding the Terms of Use, please write to us at the following address: service@diamelys.com .
