Terms of service

Overview

Welcome to Éclat d’Or. The terms “we”, “us” and “our” refer to Éclat d’Or. Éclat d’Or operates this store and website, including all related information, content, features, tools, products and services, to provide you, as a customer, with a personalised shopping experience (the “Services”). Éclat d’Or uses the Shopify platform, which enables us to provide the Services.

The terms and conditions below, together with the policies referred to in them (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.

Please read these Terms 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 and our Privacy Policy. If you do not accept these Terms or the Privacy Policy, you must not use or access our Services.

Section 1 — Access and account

By accepting these Terms, you represent that you have reached the legal age of majority in your state or province of residence and consent to allowing your minor children to use the Services on devices 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 delivery details. 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 it.

You are solely responsible for the security of your account credentials and all activity associated with your account. You may not transfer, sell, assign or license your account to another person.

Section 2 — Our products

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

We do not guarantee that the appearance or quality of products or services you purchase will meet your expectations or be identical to what is presented or displayed in our online stores.

All product descriptions may be changed 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 offered to any person, geographic region or jurisdiction on a case-by-case basis.

Section 3 — Orders

When you place an order, you make an offer to purchase. Éclat d’Or reserves the right to accept or decline your order for any reason, at its discretion. Your order is considered accepted only after written confirmation from Éclat d’Or. We must receive and process your payment before your order is confirmed. Please check your order carefully before submitting it, as Éclat d’Or may be unable to accept cancellation requests once the order has been confirmed. If we decline, change or cancel your order, we will attempt to contact you using the email address, billing address and/or telephone number provided when you placed the order.

Your purchases are subject to the return or exchange conditions set out in our Refund Policy.

You represent and warrant that your purchases are for personal or household use, and not for commercial resale or export.

Section 4 — Prices and billing

Prices, discounts and promotions may change without notice. The price charged for a product or service will be the price in effect when the order is placed and will be stated in your order confirmation email. Unless expressly stated otherwise, displayed prices do not include taxes, shipping charges, handling charges, customs duties or import charges.

Prices displayed in our online stores may differ from those offered in our physical stores or on other online platforms operated by third parties. We may occasionally offer promotions on our Services that affect prices and are governed by separate terms and conditions. If a promotion’s terms conflict with these Terms, the promotion’s terms 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 update your information promptly, including your email address, credit card numbers and expiry dates, so that we can complete your transactions and contact you when necessary.

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

Section 5 — Shipping and delivery

We cannot be held responsible for shipping or delivery delays. All stated delivery times are estimates and are not guaranteed. We disclaim responsibility for delays caused by carriers, customs procedures or events beyond our control. Once products are handed to the carrier, ownership and the risk of loss transfer 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 content, and their design, selection and arrangement, are the exclusive property of Éclat d’Or, its affiliates or licensors. They are protected by US and foreign patent, copyright and intellectual property laws.

These Terms authorise you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material on the Services without our prior written consent. Except as expressly provided in these Terms, nothing grants you a licence or any other rights in any patent, trademark, copyright or other intellectual property of Éclat d’Or, Shopify or a third party. Unauthorised use of the Services may violate federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by Éclat d’Or.

Éclat d’Or’s names, logos, product and service names, designs and slogans are trademarks of Éclat d’Or, its affiliates or licensors. You may not use them without Éclat d’Or’s prior written permission. Shopify’s name, logo, product and service names, designs and slogans 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

As part of the Services, you may use customer tools provided by third parties that we neither monitor nor control and to which we cannot contribute.

You acknowledge and agree that we provide access to these tools “as is” and “as available”, without warranties, representations or conditions of any kind and without endorsement. We disclaim all liability arising from or relating to your use of optional third-party tools.

Your use of optional tools offered on the website is entirely at your own risk and discretion. You are responsible for ensuring that you are familiar with and accept the terms applicable to these tools, as set by the relevant third-party providers.

We may also offer new features through the Services in future, including new tools and resources. These new features will form an integral part of the Services and be subject to these Terms.

Section 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 third-party materials or websites you choose to access. If you leave the Services to access these materials or websites, you do so at your own risk.

We disclaim responsibility for harm or damage associated with your access to third-party websites or the purchase or use of products, services, resources or content on them. Please review third parties’ policies and practices carefully and ensure you understand them before making any transaction. Claims, complaints, concerns or questions about third-party products and services should be addressed directly to the relevant third party.

Section 9 — Relationship with Shopify

Éclat d’Or is powered by Shopify, enabling us to provide the Services. However, every sale or purchase in our store is made directly with Éclat d’Or. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Éclat d’Or, including any damage, injury or loss arising from purchased 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 Éclat d’Or.

Section 10 — Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy, and some personal information may also be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

As Shopify hosts the Services, Shopify collects and processes personal information about your access to and use of the Services to provide and improve them. Information you submit to the Services will be transmitted to and shared with Shopify and third parties that may be located in countries other than your country of residence, to provide the services. Consult our Privacy Policy for more details on how we, Shopify and our partners use your personal information.

Section 11 — Feedback

If you submit, upload, publish, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or any other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, non-exclusive licence to use, reproduce, modify, publish, distribute and display that Feedback for any purpose, including commercial purposes. For example, we may exercise our rights under this licence to operate, provide, evaluate, improve and promote the Services and to fulfil our obligations and exercise our rights under these Terms.

You also represent and warrant that: (i) you own or hold all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms. We are not and will not be obliged to (1) keep your Feedback confidential, (2) pay compensation for your Feedback, or (3) respond to your Feedback.

We may, but are not obliged to, monitor, edit or remove any Feedback that we consider, at our sole discretion, unlawful, offensive, threatening, defamatory, libellous, pornographic, obscene or otherwise objectionable, or that infringes any party’s intellectual property rights or these Terms.

You agree that your Feedback will not infringe any third-party rights, including copyright, trademarks, data protection, personality rights or other personal or proprietary rights. You further agree that your Feedback will contain no defamatory, unlawful, abusive or obscene statements, or computer viruses or malware that could affect the operation of the Services or any related website. You may not use a false email address, impersonate someone else or mislead us or third parties about the origin of Feedback. You are solely responsible for your Feedback and its accuracy. We disclaim responsibility and liability for Feedback posted by you or any third party.

Section 12 — Errors, inaccuracies and omissions

The Services may occasionally contain typographical errors, inaccuracies or omissions, including information about product descriptions, prices, promotions, offers, shipping charges, transit times or product availability. We reserve the right to correct any error, inaccuracy or omission, to change or update information, or to cancel orders when information is inaccurate, at any time and without notice, including after you have submitted your order.

Section 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 unlawful or malicious purposes; (b) in violation of any international, federal, provincial, state or local regulation, rule or law; (c) in a way that infringes the intellectual property rights of Éclat d’Or, Shopify or third parties; (d) to harass, abuse, insult, harm, defame, libel, disparage, intimidate or injure any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, download, use or reuse any content that does not comply with these Terms; (g) to transmit or cause the sending of advertising or promotional material, including junk mail, chain letters, spam or any similar solicitation; (h) to impersonate or attempt to impersonate any person or entity; or (i) to engage in conduct that restricts or prevents others’ use or enjoyment of the Services, or that, in our judgement, may harm Éclat d’Or, Shopify or users of the Services or expose them to liability.

You also agree not to: (a) upload or transmit viruses or other malicious code that may affect the operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any part of the Services; (c) collect or track others’ personal information; (d) engage in spam, phishing, pharming or pretexting through the Services; (e) use robots, spiders, scraping, data collection or extraction tools, automated devices, AI tools including agentic AI, or any automated or manual means to access the Services; or (f) interfere with, circumvent or disable security or authorisation features, robot exclusion headers or other measures we put in place to restrict access to the Services. We reserve the right to suspend, disable or terminate your account at any time without notice if we determine that you have violated any of these Terms.

Section 14 — Agents

14.1 This section (“Agent Terms”) applies if you use, authorise, enable or cause an Agent to be deployed to access, use or interact with the Services. An “Agent” is any software or service that acts autonomously or semi-autonomously on behalf of, or at the instruction of, a person or entity and can run on a device owned or used by a person without direct supervision.

14.2 No Agent may access, use or interact with the Services unless it identifies itself at all times and operates in strict compliance with section 14.4 below. An Agent also may not access, use or interact with the Services if we have asked it to refrain from accessing, using or interacting with any service.

14.3 We may limit, including through technical measures, whether and how an Agent accesses, uses and interacts with the Services.

14.4 Agents must: (i) indicate in all HTTP/HTTPS requests that the request comes from an Agent and disclose its name by including “Agent/[agent name]” in the user-agent string; (ii) not conceal or disguise that access, use or interactions originate from an Agent, including by (a) imitating human behaviour or interaction patterns or (b) bypassing or completing CAPTCHAs or measures designed to distinguish computer use from human use; (iii) answer truthfully any question or prompt intended to determine whether interactions originate from a human or computer; and (iv) not circumvent or avoid measures intended to block, limit, modify or control Agents’ access to, use of or interactions with the Services.

Section 15 — Termination

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

The following sections survive termination: Intellectual property, Feedback, Termination, Warranty disclaimers, Limitation of liability, Indemnification, Severability, Waiver, Entire agreement, Assignment, Governing law, Privacy Policy, and any other provision that by its nature should survive termination.

Section 16 — Warranty disclaimers

Information presented on or through the Services is made available solely for informational purposes. We do not warrant its accuracy, completeness or usefulness. Any reliance you place on this information is strictly at your own risk. We disclaim all responsibility and warranty for consequences arising from your use of this information, the use by any other visitor to the Services or by anyone informed of their content.

EXCEPT AS EXPRESSLY STATED BY ÉCLAT D’OR, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, 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 LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

Section 17 — Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ÉCLAT D’OR NOR OUR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, NOR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGE OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, REVENUE, SAVINGS OR 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 PRODUCT OBTAINED THROUGH THEM, OR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING WITHOUT LIMITATION ERRORS OR OMISSIONS IN CONTENT, OR ANY LOSS OR DAMAGE INCURRED THROUGH USE OF THE SERVICES OR ANY CONTENT OR PRODUCT PUBLISHED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY.

Section 18 — Indemnification

You agree to indemnify, defend and hold harmless Éclat d’Or, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from all losses, damages, liabilities or claims, including reasonable legal fees, owed to a third party and arising from (1) your breach of these Terms or the documents incorporated by reference, (2) your violation of any law or third-party rights, or (3) your access to and use of the Services.

We will notify you of any claim covered by this indemnification, provided that failure to give prompt notice will not relieve you of your obligations unless you are materially prejudiced. We may handle the defence and settlement of a claim at your expense, including choosing legal counsel, but will not settle a claim involving non-monetary obligations for you without your consent, which you may not unreasonably withhold. You will cooperate in the defence of covered claims, including by providing relevant documents.

Section 19 — Severability

If any provision of these Terms is held unlawful, void or unenforceable, it will remain enforceable to the maximum extent permitted by applicable law, and the unenforceable part will be deemed severed from these Terms. This determination will not affect the validity or enforceability of the remaining provisions.

Section 20 — Waiver; entire agreement

Failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with the policies or operating rules we publish 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 replace all prior or contemporaneous agreements, communications or proposals, oral or written, between you and us, including previous versions of these Terms.

Any ambiguity in interpreting these Terms will not be interpreted against the drafting party.

Section 21 — Assignment

You may not delegate, transfer or assign this agreement or any rights or obligations under these Terms without our prior written consent. Any unauthorised attempted assignment is 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 and any separate agreement under which we provide the Services will be governed by and construed in accordance with the federal and state or territorial laws of the competent courts in the jurisdiction where Éclat d’Or has its registered office. You and Éclat d’Or expressly consent to the territorial and personal jurisdiction of those courts.

Section 23 — Headings

The headings in this agreement are included for convenience and will not affect or limit the interpretation of these Terms.

Section 24 — Changes to the Terms of Service

You may consult the latest version of the Terms of Service on this page at any time.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by publishing updates and changes on our website. You are responsible for checking our website periodically for changes. We will notify you of material changes to these Terms in accordance with applicable law, and such changes will take effect on the date indicated in the notice. Your continued use of or access to the Services after changes are published constitutes acceptance of them.

Section 25 — Contact details

For any questions about these Terms of Service, please contact us at contact@eclatdorparis.fr.