Terms of service

Welcome to Eminza! The terms "we", "us", and "our" refer to Eminza. Eminza operates this store and this website, including all information, content, functionalities, tools, products, and services associated with it, in order to offer you, as a customer, a personalized shopping experience (the "Services"). Eminza uses the Shopify platform, which allows us to offer you the Services.

The terms and conditions below, as well as the policies referenced herein (the "Terms of Service" or "TOS"), 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, including 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. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.

ARTICLE 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of legal majority in your state or province of residence, and you give us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including to access or browse our online stores or to purchase any of the products or services we offer, you may be asked to provide certain information, such as your email address, 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 necessary rights to provide this information.

You are solely responsible for the security of your account credentials and for any activity related to your account. You may not transfer, sell, assign, or sublicense your account to any other person.

ARTICLE 2 - OUR PRODUCTS

We have made every effort to display as accurately as possible the colors and appearance of our products and services in our online stores. Please note, however, that the colors or appearance of products may differ from what is displayed on your screen depending on the type of device you use to access the store, as well as its settings and configuration.

We do not warrant that the appearance or quality of any products, services, or information purchased or obtained by you will meet your expectations, or be identical to what is presented or rendered in our online stores.

All descriptions of products 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 any products or services that we offer to any person, geographic region, or jurisdiction, on a case-by-case basis.

ARTICLE 3 - ORDERS

When you place an order, you are making an offer to purchase. Eminza reserves the right to accept or decline your order for any reason, at its sole discretion. Your order is only considered accepted upon written confirmation from Eminza. We must receive and process your payment before your order is validated. Please review your order carefully before submitting it, as Eminza may not be able to accept cancellation requests once the order is confirmed. In the event that we decline, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange conditions 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.

ARTICLE 4 - PRICES 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 set out in your order confirmation email. Unless expressly stated otherwise, displayed prices do not include taxes, shipping fees, handling fees, customs duties, or import fees.

Prices displayed on our online stores may differ from those offered in our physical stores or on other online platforms operated by third parties. We may, from time to time, offer promotions on our Services that may affect prices and are governed by separate terms and conditions 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 at our stores. 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.

You represent and warrant that: (i) your credit card information is accurate, correct, and complete; (ii) you are authorized to use this card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay the charges incurred by you at the posted prices, including shipping and handling charges, and all applicable taxes.

ARTICLE 5 - SHIPPING AND DELIVERY

We cannot be held responsible for delivery or shipping delays. All delivery times provided are estimates and are not guaranteed. We disclaim any responsibility for delays caused by carriers, customs formalities, or any event beyond our control. As soon as the products are handed over to the carrier, the ownership and risks of loss are transferred to you.

ARTICLE 6 - INTELLECTUAL PROPERTY

Our Services, including without limitation, all trademarks, brands, text, displays, images, graphics, product reviews, videos, and audio content, as well as their design, selection, and arrangement, are the exclusive property of Eminza, its affiliates, or its licensors. They are protected by US and foreign laws pertaining to patents, copyrights, and intellectual property.

These Terms authorize you to use the Services solely for personal and non-commercial purposes. You are not authorized to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material present on the Services without our prior written consent. Except as expressly provided in these Terms, nothing should be construed as granting you a license or any other right to any patent, trademark, copyright, or other intellectual property of Eminza, 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 in these Terms are reserved by Eminza.

The names, logos, product and service names, designs, and slogans of Eminza are trademarks of Eminza, its affiliates, or its licensors. You may not use them without the prior written permission of Eminza. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

ARTICLE 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools within the Services, which we neither monitor nor have any control over nor input into.

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 relating 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. It is your responsibility to ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be considered an integral part of the Services and will be subject to these Terms of Service.

ARTICLE 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including integrated third-party features). We are not responsible for examining or evaluating the content or accuracy of the materials or third-party websites you choose to access. If you decide to leave the Services to access these third-party materials or sites, you do so at your own risk.

We are not liable for any harm or damages related to your access to third-party websites, or the purchase or use of goods, services, resources, or content on these sites. 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 and services should be directed to the third party.

ARTICLE 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.]

Eminza is powered by Shopify, which allows us to offer you the Services. However, any sale or purchase made in our Store is directly with Eminza. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Eminza, including any damages, harm, or loss resulting from the products or services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages, and liability arising from or related to your purchase and transaction with Eminza.

 

ARTICLE 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify's Privacy Policy, available here. By using the Services, you acknowledge having read these privacy policies.

Since the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the Services in order to provide and improve them. The information you submit to the Services will be transmitted and shared with Shopify, as well as with third parties that may be located in countries different from where you reside, to provide you with the services. See our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.

ARTICLE 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or any other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, and non-exclusive license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose, including commercial purposes. We may, for example, use our rights under this license to operate, provide, evaluate, improve, and promote the Services and to fulfill our obligations and exercise our rights under the Terms of Service.

You also represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentive received in connection with the submission of your Feedback; (iii) your Feedback complies with these Terms. We are and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback.

We may, but have no obligation to, monitor, edit, or remove any Feedback that we determine, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or violates any party's intellectual property or these Terms of Service.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Feedback will not contain libelous, unlawful, abusive, or obscene material, or contain any computer virus or other malware that could affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

ARTICLE 12 - ERRORS, INACCURACIES, AND OMISSIONS

The Services may occasionally contain information containing typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, or product 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 is inaccurate at any time without prior notice (including after you have submitted your order).

ARTICLE 13 - PROHIBITED USES

You may access and use the Services only for lawful purposes. You are strictly prohibited from accessing or using the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) in violation of any international, federal, provincial, state, or local regulations, rules, or laws; (c) to infringe upon or violate the intellectual property rights of Eminza, Shopify, or third parties; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any of our employees or any other person; (e) to submit false or misleading information; (f) to upload, knowingly receive, download, use, or reuse any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation; (h) to impersonate or attempt to impersonate any person or entity; (i) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Eminza, Shopify, users of the Services, or expose them to any liability.

Furthermore, you agree not to: (a) 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 Services; (b) reproduce, duplicate, copy, scrape, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape via the Services; (e) use robots, spiders, scrapers, data gathering or extraction tools, automated devices, AI tools (including agentic AI), or any automated or manual means to access the Services; (f) interfere with, circumvent, or neutralize the security or authorization features, robot exclusion headers, or any other measures we implement to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time and without notice if we determine that you have violated any provision of these Terms.

ARTICLE 14 - AGENTS

14.1 This section ("Agent Terms") applies if you use, authorize, enable, or cause the deployment of an Agent to access, use, or interact with the Services. An "Agent" means any software or service acting autonomously or semi-autonomously on behalf of or under the instruction of a person or entity, and which can run on a device owned or used by that person without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless it constantly identifies itself and operates in strict compliance with the conditions set out in section 14.4 below. Furthermore, no Agent may access, use, or interact with the Services if we have requested that such Agent refrain from accessing, using, or interacting with any service.

14.3 We may limit, including through technical measures, the ability and manner in which an Agent accesses, uses, and interacts with the Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, indicate that the request originates from an Agent and disclose the name of the Agent by including the following statement in the user-agent string: "Agent/[agent name]"; (ii) not conceal or obscure the fact that the access, use, or interactions originate from an Agent, including by (a) mimicking human behavior or interaction patterns, or (b) circumventing or supplementing CAPTCHAs or measures designed to distinguish computer use from human use; (iii) honestly respond to any question or prompt aimed at determining whether the interactions originate from a human or a computer; (iv) not circumvent or avoid any measure designed to block, limit, modify, or control the access, use, or interactions of Agents with the Services.

ARTICLE 15 - TERMINATION

We reserve the right to terminate this agreement or your access to the Services (or any part thereof), at our sole discretion, at any time and without notice. You will remain liable for all amounts due up to and including the date of termination.

The following sections will survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, as well as any other provision that by its nature should survive termination.

ARTICLE 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for informational purposes. We do not warrant 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 and responsibility arising from any consequences resulting from the use of this information by you, any other visitor to the Services, or anyone informed of its contents.

EXCEPT AS EXPRESSLY STATED BY EMINZA, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, 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. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO YOU.

ARTICLE 17 - LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL EMINZA, OUR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, NOR 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 IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES 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 SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

ARTICLE 18 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Eminza, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers, from any loss, damage, liability, or claim, including reasonable attorneys’ fees, made by any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third-party, or (3) your access and use of the Services.

We will notify you of any claim covered by this indemnification, provided that a failure to promptly notify you will not relieve you of your obligations, unless you are materially prejudiced thereby. We may assume the defense and settlement of any claim at your expense, including the choice of legal counsel, but we will not settle any claim involving non-monetary obligations on your part without your consent (which you may not unreasonably withhold). You will cooperate in the defense of claims covered by this indemnification, including providing relevant documents.

ARTICLE 19 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

ARTICLE 20 - WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any 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. They supersede 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 Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

ARTICLE 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. Any unauthorized attempt to assign will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or prior notice.

ARTICLE 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal laws and the laws of the states or territories of the courts of competent jurisdiction where Eminza has its headquarters. You and Eminza expressly consent to the territorial and personal jurisdiction of these courts.

ARTICLE 23 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ARTICLE 24 - CHANGES TO 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 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 these changes will take effect on the date indicated in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes.

ARTICLE 25 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at: contact@eminza.co.uk.

Our contact information is posted below:

EMINZA

contact@eminza.co.uk

Parc des Glaisins - Immeuble L'Emeraude 3 rue des Bouvières - 74940 Annecy-le-vieux

GB510598301

GB510598301000