Terms of service

OVERVIEW
Welcome to CANARD Essentials! The terms “we,” “us” and “our” refer to CANARD Essentials. CANARD Essentials operates this shop and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a personalised shopping experience (the “Services”). CANARD Essentials is powered by Shopify, which enables us to provide you with the Services.

The following terms and conditions, together with the policies referred to herein (these “Terms and Conditions” or “Terms”), describe your rights and obligations when you use the Services.

Please read these Terms and Conditions carefully, as they contain important information about your legal rights and address matters such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to these Terms and Conditions and our Privacy Policy [LINK]. If you do not agree to these Terms and Conditions or the Privacy Policy, you may not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms and Conditions, you represent that you are of legal age in the federal state or region in which you reside and that you have given us your consent to allow your minor dependants to use the Services on devices that you own, have purchased or manage.
To use the Services, including accessing or browsing our online shops or purchasing products or services that we offer, you may be asked to provide certain information, such as your email address and billing, payment and delivery information. You warrant and represent that all information you provide in our shops is accurate, current and complete and that you are fully authorised to provide such information.
You are solely responsible for the security of your account login credentials and for all activities on your account. You may not transfer, sell, assign or license your account to another person.

SECTION 2 – OUR PRODUCTS
We have endeavoured to present our products and services in our online shops as accurately as possible. However, please note that the colours or appearance of the products may differ from the colours displayed on your screen due to the device you use to access the shop and its settings and configuration.
We do not warrant that the appearance or quality of the products or Services you purchase will meet your expectations or correspond to the representations in our online shops.
All product descriptions may be changed at any time and without prior notice at our sole discretion. We reserve the right to discontinue products at any time and to limit, on a case-by-case basis, the quantities of products we offer to any person, in any geographic region or within any jurisdiction.

Section 3 – ORDERS
By placing your order, you submit an offer to purchase. CANARD Essentials reserves the right to accept or reject your order at its sole discretion for any reason. Your order shall be deemed accepted only after confirmation by CANARD Essentials. Acceptance of your order is subject to receipt and processing of your payment. Please review your order carefully before placing it, as CANARD Essentials may no longer be able to consider 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 placing the order.
Returns or exchanges of your purchases shall be made exclusively in accordance with our right of withdrawal right of withdrawal.
You represent and warrant that your purchases are intended for your personal use or use in your household and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING
Prices, discounts and special offers may be changed without prior notice. The price charged for a product or service is the price valid at the time the order is placed and will be stated in the order confirmation you receive by email. Unless expressly stated otherwise, the prices indicated do not include taxes, shipping, handling, customs or import duties.
The prices indicated in our online shops may differ from the prices in physical stores or in online shops or other shops operated by third parties. From time to time, we may offer promotions for the Services that may affect pricing and for which terms and conditions other than these Terms apply. In the event of any discrepancy between the terms of a promotion and these Terms and Conditions, the terms of the promotion shall 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 truthful, accurate, and complete, (ii) you are authorized to use this credit 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 stated prices, including shipping and handling fees and all applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping providers, customs clearance, or events beyond our control. Once we have handed the products over to the shipping provider, title to the products and the risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including, but not limited to, all trademarks, service marks, text, representations, images, graphics, product reviews, video and audio files, and their design, selection, and arrangement, are the property of CANARD Essentials, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms and Conditions permit you to use the Services solely for personal, non-commercial purposes. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit the material in the Services. Unless expressly provided herein, no provision of these Terms and Conditions grants you a license or other rights to any patents, trademarks, copyrights, or other intellectual property of CANARD Essentials, Shopify, or third parties, nor may any such grant be inferred from these provisions. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by CANARD Essentials.
The names, logos, product and service names, designs, and slogans of CANARD Essentials are trademarks of CANARD Essentials or its affiliates or licensors. You may not use these trademarks without the prior written permission of CANARD Essentials. 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 trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor control or influence.
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 disclaim all liability arising from or related to your use of optional third-party tools.
Use of the optional tools offered through the Website is entirely at your own risk and discretion. You are responsible for familiarizing yourself with and accepting the terms and conditions under which the tools are provided by the respective third-party providers.
We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features shall also be considered part of the Services and shall be subject to these Terms and Conditions.

SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party features). We are not responsible for reviewing or evaluating the content or accuracy of any third-party materials or websites that you access at your own discretion. If you decide to leave the Services to access these third-party materials or websites, you do so at your own risk.
We are not liable for any damages or losses arising from your access to third-party websites or from the purchase or use of products, Services, resources, or content on third-party websites. You should carefully review the third party's policies and procedures and ensure that you understand them before conducting a transaction. Complaints, claims, concerns, or questions regarding third-party products and Services should be directed to the respective third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
[HINWEIS FÜR HÄNDLER: Dieser Abschnitt charakterisiert die Beziehung von Shopify zu Ihrem Shop präzise und sollte nicht entfernt oder geändert werden].
CANARD Essentials is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases that you make in our Shop are concluded directly with CANARD Essentials. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the transactions between you and CANARD Essentials, including injuries, damages, or losses arising from purchased products and Services. You hereby expressly release Shopify and its Affiliates from all liability for all claims, damages, and liabilities arising out of or relating to your purchases and transactions with CANARD Essentials.

SECTION 10 - PRIVACY POLICY
All personal data that we collect through the Services is subject to our Privacy Policy, which can be viewed [LINK]. In addition, certain personal data may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you confirm that you have read these Privacy Policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal data about your access to and use of the Services in order to provide and improve the Services for you. Data that you submit to the Services is shared with Shopify and third-party providers, which may be located in countries other than the country in which you reside, in order to provide the Services for you. Further information about how we, Shopify, and our partners use your personal data can be found in our Privacy Policy.

SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, Feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. For example, we may use our rights under this license to operate, provide, evaluate, expand, improve, and promote the Services, and to fulfill our obligations and exercise our rights under the Terms and Conditions.
You further warrant and represent that: (i) you own all Feedback content or have all rights necessary to it; (ii) you have disclosed all compensation or incentives you received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms and Conditions. We are not obligated to (1) keep your Feedback confidential, (2) pay compensation for your Feedback, or (3) respond to your Feedback.
We reserve the right, but have no obligation, to monitor, edit, or remove Feedback that we, in our sole discretion, consider unlawful, abusive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms and Conditions.
You warrant that your Feedback does not infringe any third-party rights, including copyrights, trademark rights, data protection rights, rights of personality, or other personal or property rights. You further warrant that your Feedback does not contain any defamatory or otherwise unlawful, abusive, or obscene statements and is free of computer viruses or other malware that could in any way impair 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 as to the origin of the Feedback. You are solely responsible for your Feedback and its accuracy. We assume no responsibility or liability for Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on or in the Services may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, delivery times and availability. In the event of any inaccuracy, we reserve the right to correct any errors, inaccuracies or omissions, to change or update information, or to cancel orders at any time and 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 state regulations, rules, laws or local 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 injure any of our employees or any other person; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, download, use or reuse any material that does not comply with these Terms and Conditions; (g) to transmit or cause the transmission of any advertising or promotional material, including “junk mail”, ‘chain letters’, “spam” or any other similar solicitation; (h) to impersonate or attempt to impersonate another natural or legal person; or (i) to engage in any other conduct that restricts or inhibits the use of the Services or that, in our discretion, could harm CANARD Essentials, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or other types of malicious code that in any way affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any part of the Services; (c) collect or track the personal data of others; (d) engage in spam, phishing, pharming, pretexting, spidering, crawling, or scraping activities; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, deactivate, or close your account at any time and without prior notice if we determine that you have violated any part of these Terms and Conditions.

SECTION 14 - TERMINATION OF THE CONTRACTUAL RELATIONSHIP
We may terminate this Agreement or your access to the Services (or any part thereof) at any time, without prior notice and at our sole discretion. You remain liable for all amounts due up to the date of termination.
The following sections shall remain in effect even after termination of the contractual relationship: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and all other provisions that by their nature should survive termination.

SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented in or through the Services is provided solely for general informational purposes. We make no guarantee as to the accuracy, completeness or usefulness of this information. If you rely on this information, you do so at your own risk. We disclaim all liability and responsibility arising from your or other visitors’ to the Services’ or other persons informed of their content’s reliance on these materials.
UNLESS EXPRESSLY STATED OTHERWISE BY CANARD Essentials, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED OR OTHER WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CANARD Essentials, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED THROUGH 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, 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 PRODUCTS) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless CANARD Essentials, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to third parties and arising from (1) your breach of these Terms and Conditions or the documents they 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 notify you of any indemnifiable claims, provided that failure to provide prompt notice shall not relieve you of your obligations unless you are materially prejudiced thereby. We may control the defense and settlement of such claim at your expense, including the selection of counsel, but will not settle any claim requiring you to undertake non-monetary obligations without your consent (which shall not be unreasonably withheld). You shall cooperate in the defense of indemnification claims, including by providing relevant documents.

SECTION 18 – SEVERABILITY
If any provision of these Terms and Conditions is found to be unlawful, void or unenforceable, such provision shall nevertheless remain effective to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms and Conditions. Such finding shall not affect the validity and enforceability of the remaining provisions.

SECTION 19 – WAIVER, ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this website or in relation to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, previous versions of the Terms and Conditions).
Ambiguities in the interpretation of these Terms and Conditions shall not be construed against the party that drafted them.

SECTION 20 – ASSIGNMENT
You may not disclose, assign or transfer this agreement or your rights or obligations under these General Terms and Conditions without our prior written consent, and any attempt to do so shall be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice.

SECTION 21 – GOVERNING LAW
These General Terms and Conditions and any separate agreements under which we provide you with Services shall be governed by and construed in accordance with the federal and state or territorial courts of the country in which CANARD Essentials has its registered office. You and CANARD Essentials consent to the jurisdiction and personal jurisdiction of those courts.

SECTION 22 – HEADINGS
The headings used in this agreement are for convenience only and shall not affect these General Terms and Conditions.

SECTION 23 – CHANGES TO THE GENERAL TERMS AND CONDITIONS
You may review the most current version of the General Terms and Conditions at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace parts of these General Terms and Conditions by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will inform you of any material changes to these Terms in accordance with applicable law. Such changes shall take effect on the date specified in the notice. Your continued use of or access to the Services after changes to these General Terms and Conditions have been posted constitutes your acceptance of those changes.

SECTION 24 – CONTACT INFORMATION
If you have any questions about the General Terms and Conditions, please contact

hello@canard.store

Our contact information is listed below:

Canard Essentials
c/o formetec sven rütti 
Schulstrasse 9
2563 Ipsach
CH-Switzerland

Tel: 032 508 50 65
hello@canard.store

VAT ID No./ VAT No. : CHE-338.220.422