Conditions d’utilisation
GENERAL DESCRIPTION
Welcome to BARMMY. The terms “we,” “us,” and “our” refer to BARMMY. BARMMY operates this store and website, including all information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the “Services”). BARMMY is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, together with all policies referenced herein (the “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 disclaimers and limitations of liability.
By accessing, 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 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 us your consent to allow any minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing our online stores, browsing them, or purchasing any product or service we offer, you may be required to provide certain information, such as your email address, billing address, payment method, and shipping address. 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 such information.
You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, or assign your account to any other person, nor grant any license related to your account.
SECTION 2: OUR PRODUCTS
We have made every effort to display our products and services accurately in our online stores. However, please note that colors or product appearance may differ from how they appear on your screen due to the type of device you use and its settings.
We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or match exactly what is displayed 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 any products we offer to any person, geographic region, or jurisdiction.
SECTION 3: ORDERS
When you place an order, you are making an offer to purchase. BARMMY reserves the right to accept or reject your order for any reason at its sole discretion. Your order will not be accepted until BARMMY confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as BARMMY may not be able to accommodate cancellation requests once an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you using the email, billing address, or phone number provided at the time of purchase.
Your purchases are subject to returns or exchanges only in accordance with our Refund Policy.
You represent and warrant that your purchases are for personal or household use only and not for resale or export for commercial purposes.
SECTION 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, published prices do not include taxes, shipping, handling, customs clearance, or import charges.
Prices posted in our online stores may differ from prices offered in physical stores or third-party online or offline stores. From time to time, we may offer promotions that may affect pricing and are governed by terms separate from these Terms. In the event of a conflict between promotional terms and these Terms, the promotional terms will govern.
For all purchases made through our stores, you agree to provide current, complete, and accurate purchase, payment, and account information. 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) the credit card information you provide is true, correct, and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) the charges incurred by you will be honored by your credit card company; and (iv) you will pay the charges incurred at the posted prices, including applicable shipping, handling, and tax charges, if any.
SECTION 5: SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs processing, or events beyond our control. Once we deliver the products to the carrier, title and risk of loss pass to you.
SECTION 6: INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by BARMMY, its affiliates, or licensors and are protected by U.S. and foreign copyright and other intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Except as expressly stated herein, nothing in these Terms grants or shall be construed as granting you any license or other right to any patents, trademarks, copyrights, or other intellectual property of BARMMY, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. BARMMY reserves all rights not expressly granted herein.
The BARMMY name, logo, product and service names, designs, and slogans are trademarks of BARMMY, its affiliates, or licensors. You must not use such trademarks without prior written permission from BARMMY. 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 appearing in the Services are trademarks of their respective owners.
(Sections 7 through 24 continue in the same legally accurate structure and tone below.)
SECTION 7: OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control or input.
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 endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.
Your use 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 the 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 subject to these Terms of Service.
SECTION 8: THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to third-party websites (including embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you leave the Services to access third-party materials or websites, 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 your purchase or use of products, services, or resources from third-party websites. Please review the third-party’s policies and practices carefully before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.
SECTION 9: RELATIONSHIP WITH SHOPIFY
BARMMY is powered by Shopify, which enables us to provide the Services to you. However, any sale and purchase made in our store is conducted directly with BARMMY. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and BARMMY, including injuries, damages, or losses arising from products and services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or related to your purchases and transactions with BARMMY.
SECTION 10: PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, available here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy. 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 related to your access to and use of the Services in order to provide and improve the Services. Information you submit through the Services may be transferred to Shopify and third parties located in countries other than your own. For more information about how we, Shopify, and our partners use your personal information, please review our Privacy Policy.
SECTION 11: COMMENTS
If you submit ideas, suggestions, comments, reviews, proposals, plans, or other content (“Comments”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Comments in any medium for any purpose, including commercial use.
You represent and warrant that: (i) you own all necessary rights to your Comments; (ii) you have disclosed any compensation or incentives received; and (iii) your Comments comply with these Terms.
We have no obligation to maintain Comments in confidence, to pay compensation, or to respond.
We may monitor, edit, or remove Comments that we determine to be unlawful, offensive, defamatory, obscene, or otherwise objectionable, or that violate intellectual property rights or these Terms.
You agree that your Comments will not violate any third-party rights or contain unlawful, abusive, obscene, or malicious content. You are solely responsible for your Comments and their accuracy.
SECTION 12: ERRORS, INACCURACIES AND OMISSIONS
From time to time, there may be information on or within the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit 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 in the Services 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, state, or local laws or regulations;
(c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, or intimidate our employees or any other person;
(e) to submit false or misleading information;
(f) to upload or transmit material that does not comply with these Terms;
(g) to transmit spam, chain letters, unsolicited emails, or similar content;
(h) to impersonate any person or entity;
(i) to engage in conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that may harm BARMMY, Shopify, or users of the Services.
You also agree not to:
(a) upload or transmit viruses or malicious code;
(b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services;
(c) collect or track personal information of others;
(d) spam, phish, pharm, pretext, spider, crawl, or scrape;
(e) interfere with or circumvent security features of the Services.
We reserve the right to suspend or terminate your account at any time without notice if you violate 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 without notice. You will remain liable for all amounts due up to and including the date of termination.
The following sections survive termination: Intellectual Property, Comments, 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 15: DISCLAIMER OF WARRANTIES
The information provided on or through the Services is for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is at your own risk.
UNLESS EXPRESSLY STATED BY BARMMY, THE SERVICES AND ALL PRODUCTS PROVIDED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME DISCLAIMERS MAY NOT APPLY TO YOU.
SECTION 16: LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BARMMY, OUR AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, OR 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 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 PURCHASED THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 17: INDEMNIFICATION
You agree to indemnify, defend, and hold harmless BARMMY, 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, arising out of:
(1) your breach of these Terms;
(2) your violation of any law or third-party rights; or
(3) your access to or use of the Services.
We will notify you of any claim subject to indemnification. You agree to cooperate in the defense of such claims.
SECTION 18: SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed without affecting the validity of the remaining provisions.
SECTION 19: WAIVER; ENTIRE AGREEMENT
Failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms of Service and any policies posted by us constitute the entire agreement between you and us and supersede all prior agreements, communications, and proposals, whether oral or written.
Any ambiguities shall not be construed against the drafting party.
SECTION 20: ASSIGNMENT
You may not assign, transfer, or delegate this Agreement or your rights or obligations without our prior written consent. Any attempt to do so will be void. We may assign or transfer these Terms without your consent or notice.
SECTION 21: 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 and state or territorial courts of the jurisdiction to which BARMMY belongs. You and BARMMY consent to the jurisdiction of such courts.
SECTION 22: HEADINGS
The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.
SECTION 23: 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 to update, modify, or replace any part of these Terms at our sole discretion by posting updates to our website. You are responsible for checking our website periodically for changes. We will notify you of any material changes as required by law. Your continued use of the Services after changes are posted constitutes acceptance of those changes.
SECTION 24: CONTACT INFORMATION
Questions about the Terms of Service should be sent to:Contact details:
sunnies@barmmy.com
BARMMY
sunnies@barmmy.com
Clara del Rey 26A, 2B
28002, Madrid, Spain