Terms

Terms of Service

OVERVIEW

Welcome to the Angine de Poitrine website! The terms "we", "us" and "our" refer to Angine de Poitrine and its team. Angine de Poitrine and its team operate this store and website, including all information, content, features, tools, products, and associated services, to provide you, as our customer, with a personalized shopping experience (the "Services"). Angine de Poitrine and its team use the Shopify platform, which enables us to offer these Services to you.

The terms and conditions below, along with the policies referenced herein (the "Terms of Service" or "TOS"), outline your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they contain important information regarding your legal rights, including warranties exclusions 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.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you have reached the age of majority in your state or province of residence, and you give us your consent to allow your minor dependents 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 products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping 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 disclose this information.

You are solely responsible for maintaining the security of your account credentials and for any activity related to 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 display our products and services as accurately as possible in our online stores. However, please note that the colors or appearance of products may vary 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 or services purchased by you will meet your expectations or will be identical to how they are presented or rendered 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 products we offer to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS

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

Purchases made on this website are subject to return or exchange conditions in accordance with our Refund Policy. Products ordered through a website operated by one of our international distribution partners are subject to that partner's applicable policies, procedures, and terms.

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

SECTION 4 - PRICING 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 indicated in your order confirmation email. Unless explicitly stated otherwise, displayed prices do not include taxes, shipping charges, handling fees, customs duties, or import fees.

Prices displayed in our online stores may differ from those offered in our physical retail stores or on other third-party online platforms. From time to time, we may offer promotions on our Services that may impact pricing and are governed by separate terms and conditions. In the event of a conflict between the terms of a promotion and these Terms, the promotion's terms 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 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) your credit card information is accurate, correct, and complete, (ii) you are authorized to use such card for the purchase, (iii) the charges incurred will be honored by your credit card company, and (iv) you will pay the charges incurred at the posted prices, including shipping and handling fees, as well as all applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY

We cannot be held responsible for any delivery or shipping delays. All delivery windows provided are estimates and are not guaranteed. We decline all liability for delays caused by shipping carriers, customs clearance procedures, or any event beyond our reasonable control. As soon as the products are handed over to the carrier, ownership and risk of loss transfer to you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including without limitation all registered trademarks, brands, text, displays, images, graphics, product reviews, video, and audio content, as well as their design, selection, and arrangement, are the exclusive property of Angine de Poitrine, its affiliates, or its licensors. They are protected by United States and foreign patent, copyright, and intellectual property laws.

These Terms authorize you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material found on the Services without our prior written consent. Except as expressly provided otherwise in these Terms, nothing shall be construed as granting you a license or any other right to any patent, trademark, copyright, or other intellectual property of Angine de Poitrine, 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 Angine de Poitrine.

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

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to third-party customer tools through the Services, which we neither monitor nor have any control over, nor do we have any 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 any endorsement. We decline any liability 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 be deemed an integral part of the Services and shall 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 integrated third-party features). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these third-party materials or sites, you do so entirely at your own risk.

We decline any liability for any harm or damages related to your access to third-party websites, or the purchase or use of products, services, resources, or content made in connection with any third-party websites. 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.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

The Angine de Poitrine website is powered by Shopify, which enables us to provide the Services to you. However, any sale or purchase made in our Store is conducted directly with Angine de Poitrine and its team. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Angine de Poitrine, including any damages, harm, or losses 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 Angine de Poitrine.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here, and certain personal information may also be subject to Shopify’s Privacy Policy, which can be viewed here. 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 regarding your access to and use of the Services to provide and improve them. The information you submit to the Services will be transmitted to and shared with Shopify, as well as third parties that may be located in countries other than your country of residence, to provide the services to you. Please review our privacy policy for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 - FEEDBACK AND REVIEWS

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, and non-exclusive license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose, including commercial purposes. For example, we may 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 incentives received in connection with submitting your Feedback; and (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 that 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, data protection, privacy, or other personal or proprietary rights. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way 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.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on 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 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 are strictly prohibited from accessing or using the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, state, or local regulations, rules, or laws; (c) in a way that infringes upon the intellectual property rights of Angine de Poitrine, 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 knowingly send, receive, upload, use, or re-use any content that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including "spam", "chain letters", "junk mail", 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 Angine de Poitrine, Shopify, or users of the Services, or expose them to liability.

Additionally, 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, crawl, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) engage in spam, phish, pharm, or pretext practices through the Services; (e) use any robot, spider, scraping tool, data collection 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 disable 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.

SECTION 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 may 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 continuously and operates in strict accordance with the conditions outlined 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 mask 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) respond honestly to any question or prompt designed to determine whether interactions originate from a human or a computer;
  • (iv) not circumvent or bypass any measure designed to block, limit, modify, or control an Agent's access, use, 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 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 shall survive any termination: Intellectual Property, Feedback and Reviews, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, as well as any other provision whose nature implies it should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information 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 reliance placed on such materials by you, any other visitor to the Services, or by anyone who may be informed of any of its contents.

EXCEPT AS EXPRESSLY STATED BY ANGINE DE POITRINE, THE SERVICES AND ALL PRODUCTS PROVIDED TO YOU THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY WARRANTIES, REPRESENTATIONS, 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 THAT YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ANGINE DE POITRINE, 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, EXEMPLARY, 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 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, 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 VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Angine de Poitrine, Shopify, as well as 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 to and use of the Services.

We will notify you of any claim covered by this indemnity, provided that a failure to promptly notify you shall not relieve you of your obligations except to the extent you are substantially 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 shall not be unreasonably withheld). You shall cooperate in the defense of any claims covered by this indemnity, including providing relevant documents.

SECTION 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.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure 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.

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. Any attempted unauthorized assignment will be null and void. We may transfer, assign, or delegate these Terms along with our rights and obligations without your consent or prior notification.

SECTION 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 competent courts in the jurisdiction where Angine de Poitrine has its principal place of business. You and Angine de Poitrine expressly consent to the territorial and personal jurisdiction of such courts.

SECTION 23 - HEADINGS

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

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at 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 such changes will take effect on the date specified in the notice. Your continued use of or access to our Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at: info@spectaclesbonzai.com.

Company name: Spectacles Bonzaï Inc.

Mailing address: 1094 rue Marmier, Longueuil, QC, J4K 4S6

Email: info@spectaclesbonzai.com

Other contact details are listed here.