Terms of service
OVERVIEW
Welcome to Madelleine! The terms “we,” “us,” and “our” refer to Madelleine. Madelleine operates this store and website, including all related information, content, features, tools, products, and services, with the goal of providing you, the customer, with a personalized shopping experience (the “Services”). Madelleine is powered by Shopify technology, which enables us to provide you with the Services.
The following terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or our Privacy Policy, you must not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and that you have given your consent for any of your minor dependents 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 any of the products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment, and shipping information. You represent and warrant that all information provided in our stores is accurate, current, and complete and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activity associated with 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 provide an accurate representation of our products and services in our online stores. However, the colours or appearance of products may differ from those displayed on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or be identical to those presented or displayed in our online store.
All product descriptions are subject to change at any time, without prior notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer to any person, geographic region, or jurisdiction on a case-by-case basis.
SECTION 3 – ORDERS
By placing an order, you are making an offer to purchase. Madelleine reserves the right to accept or refuse your orders for any reason, at its sole discretion. Your orders will not be accepted until Madelleine confirms acceptance. We must receive and process your payment before accepting your order.
Please carefully review your order before submitting it, as Madelleine may not be able to accommodate cancellation requests after an order has been accepted.
If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or telephone number provided when the order was placed.
Your purchases are subject to returns or exchanges exclusively in accordance with our Refund Policy.
You represent and warrant that your purchases are intended for personal or household use and not for commercial resale or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts, and promotions are subject to change without prior 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 specified in your order confirmation email.
Unless expressly stated otherwise, displayed prices do not include taxes, shipping fees, handling fees, customs duties, or import charges.
Prices displayed in our online stores may differ from prices offered in physical stores or in online stores or other stores operated by third parties.
From time to time, we may offer promotions through the Services that may affect pricing and that 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 promotion terms will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store.
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 transaction and contact you if necessary.
You represent and warrant that:
(i) the credit card information provided is true, accurate, and complete;
(ii) you are duly authorised to use such credit card for the purchase;
(iii) charges incurred by you will be honoured by your credit card company; and
(iv) you will pay all charges incurred by you at the published prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for delays in shipping or delivery. All delivery times are estimates only and are not guaranteed.
We are not responsible for delays caused by carriers, customs processing, or events beyond our control.
Once we transfer the products to the carrier, ownership and risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, videos, and audio, as well as their design, selection, and arrangement, are owned by Madelleine, its affiliates, or licensors and are protected by US and foreign patents, copyrights, and other intellectual property laws.
These Terms permit you to use the Services solely for your personal and non-commercial use.
You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, transfer, store, or transmit any material from the Services without our prior written consent.
Except as expressly provided herein, nothing in these Terms grants or should be interpreted as granting you a licence or other rights under any patent, trademark, copyright, or other intellectual property of Madelleine, Shopify, or any third party.
Unauthorised use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Madelleine.
The Madelleine name, logo, product and service names, designs, and slogans are trademarks of Madelleine or its affiliates or licensors. You may not use such trademarks without Madelleine’s prior written permission.
The Shopify name, logo, product and service names, designs, and slogans 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
You may have access to customer tools provided by third parties as part of the Services, over which we have no monitoring, supervision, or control.
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 will have no liability arising from or relating to your use of optional third-party tools.
Any use of optional tools offered through the website is entirely at your own risk, and you should ensure that you are familiar with and agree to the terms under which such tools are provided by the relevant third-party provider(s).
In the future, we may also offer new features through the Services, including the release of new tools and resources. Such new features will also be considered part of the Services and will be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties, including third-party features.
We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access.
If you choose to leave the Services to access such third-party materials or websites, you do so at your own risk.
We are not responsible for any damage or loss related to your access to any third-party website or your purchase or use of any products, services, resources, or content on any third-party website.
Carefully review the third party’s policies and practices and make sure you understand them before entering into any transaction.
Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Madelleine is powered by Shopify technology, which enables us to provide you with the Services.
However, any sale and purchase made through our Store is conducted directly with Madelleine.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Madelleine, including any injury, damage, or loss resulting from the purchase of products or services.
You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or relating to your purchase and transaction with Madelleine.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be found here. Certain personal information may also be subject to Shopify’s Privacy Policy, which can be found here.
By using the Services, you acknowledge that you have read the Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services.
Information you provide through the Services may be transmitted to and shared with Shopify, as well as third parties who may be located in a country different from the one in which you reside, so that we can provide you with our services.
Please refer to our Privacy Policy for more information about how we, Shopify, and our partners use your personal information.
SECTION 11 – FEEDBACK
By submitting, uploading, posting, emailing, or otherwise sharing ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute, and display such Feedback in any medium and for any purpose, including commercial purposes.
For example, we may use our rights under this licence to operate, provide, evaluate, improve, and promote the Services, as well as to comply with our obligations and exercise our rights under these Terms of Service.
You also represent and warrant that:
(i) you own or have all necessary rights to all Feedback;
(ii) you have disclosed any compensation or incentives received in connection with submitting your Feedback; and
(iii) your Feedback complies with these Terms.
We have no obligation to keep your Feedback confidential, pay compensation for your Feedback, or respond to your Feedback.
We may, but are not obligated to, monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates the intellectual property rights of others or these Terms of Service.
You agree that your Feedback will not violate any third-party rights, including copyrights, trademarks, privacy, personality, or other personal or property rights.
You further agree that your Feedback will not contain defamatory, unlawful, abusive, or obscene comments, or any computer viruses or other malware that could 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 third parties regarding the origin of any Feedback.
You are solely responsible for any Feedback you provide and its accuracy. We are not responsible for any Feedback posted by you or any third party.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information on the Services may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, shipping 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 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 regulations, rules, laws, or ordinances;
(c) to infringe or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any of our employees or any other person;
(e) to transmit false or misleading information;
(f) to knowingly send, receive, upload, download, use, or reuse any material that does not comply with these Terms;
(g) to transmit or procure the sending of advertising or promotional material, including junk mail, chain letters, spam, or similar solicitations;
(h) to impersonate or attempt to impersonate another person or entity; or
(i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services or that, as determined by us, may harm Madelleine, Shopify, or users of the Services or expose them to liability.
In addition, you agree not to:
(a) upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Services;
(b) reproduce, duplicate, copy, extract, sell, resell, or exploit any part of the Services;
(c) collect or track the personal information of others;
(d) send spam, phish, pharm, or pretext through the Services;
(e) use any robot, spider, scraping tool, data collection or extraction tool, device or automated process, artificial intelligence tool, or automated or manual means to access the Services; or
(f) interfere with, circumvent, or evade security or authorisation features, robot exclusions, or other measures used to restrict access to the Services.
We reserve the right to suspend, deactivate, or terminate your account at any time without notice if we determine that you have violated any part of these Terms.
SECTION 14 – AGENTS
14.1 This section (“Agent Terms”) applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services.
“Agent” means any software or service that performs autonomous or semi-autonomous actions on behalf of, or under the instructions of, any person or entity and that may operate on behalf of, or using the device of, a person without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict compliance with the requirements of Section 14.4 below.
Additionally, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.
14.3 We may limit, including through technical measures, whether and how any Agent accesses, uses, or interacts with the Services.
14.4 Agents must:
(i) identify in all HTTP/HTTPS requests that the request is from an Agent and disclose the Agent’s name by including the following in the request’s user-agent string: “Agent/[agent name]”;
(ii) not conceal or disguise that any access, use, or interaction is from an Agent, including by imitating human behaviour or interaction patterns or by completing or bypassing CAPTCHA or measures designed to distinguish computer use from human use;
(iii) truthfully answer any question or prompt intended to determine whether interactions originate from a human or a computer; and
(iv) not circumvent or evade any measure intended to block, limit, modify, or control whether or how Agents access, use, or interact with the Services.
SECTION 15 – TERMINATION
We may terminate this agreement or your access to the Services, or any part thereof, at our sole discretion, at any time without notice, and you will remain responsible for all amounts due up to and including the date of termination.
The following sections will continue to apply after any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 16 – DISCLAIMER OF WARRANTIES
The information presented on or through the Services is provided solely for general informational purposes.
We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
We disclaim all liability arising from reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of their contents.
EXCEPT AS EXPRESSLY STATED BY [MERCHANT], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, COMMERCIAL QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
Some jurisdictions do not allow the exclusion of implied warranties or other warranties, so the above disclaimer may not apply to you.
SECTION 17 – LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [MERCHANT], OUR PARTNERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PURCHASED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Madelleine, Shopify, and our affiliates, partners, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to third parties due to or arising from:
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your violation of these Terms of Service or documents incorporated by reference;
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your violation of any law or third-party rights; or
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your access to and use of the Services.
We will notify you of any claim subject to indemnification, provided that failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced.
We may control the defence and settlement of such a claim at your expense, including the selection of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent, which will not be unreasonably withheld.
You must cooperate in the defence of indemnifiable claims, including providing relevant documents.
SECTION 19 – SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision will nevertheless be enforceable to the maximum extent permitted by applicable law, and the unenforceable portion will be considered severed from these Terms of Service.
Such determination will not affect the validity and enforceability of the remaining provisions.
SECTION 20 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this website 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, and proposals, whether oral or written, between you and us, including any previous versions of the Terms of Service.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 – 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 null and void.
We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or prior notice.
SECTION 22 – GOVERNING LAW
These Terms of Service and any separate agreement through which we provide Services to you shall be governed by and interpreted in accordance with the federal and state or territorial courts in the jurisdiction where Madelleine has its headquarters.
You and Madelleine agree to the venue and personal jurisdiction of such courts.
SECTION 23 – HEADINGS
The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.
SECTION 24 – CHANGES TO THE TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes on 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 take effect on the date specified in the notification.
Your continued use of or access to the Services after any changes to these Terms of Service have been posted constitutes acceptance of those changes.
SECTION 25 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at:
Our contact information is provided below: