Terms of Service
# Terms of Service
## OVERVIEW
Welcome to Noëlla Montréal!
The terms "we", "us" and "our" refer to Noëlla Montréal.
Noëlla Montréal operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services").
Noëlla Montréal is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with any policies referenced herein (the "Terms"), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they contain important information regarding your legal rights, purchases, warranties, limitations of liability and use of our Services.
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 with these Terms of Service or our Privacy Policy, you should not access or 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 province, state or jurisdiction of residence.
To use the Services, including browsing our online store or purchasing products, you may be asked to provide certain information such as your email address, billing information, payment information and shipping details.
You represent that all information you provide is accurate, current and complete and that you have the necessary rights to provide that information.
You are responsible for maintaining the security of your account credentials and for all activity that occurs through your account.
You may not sell, transfer, assign or license your account to another person.
## SECTION 2 - OUR PRODUCTS
We make reasonable efforts to accurately display and describe our products.
However, product colours and appearance may vary depending on your device, screen settings, lighting and other factors.
We cannot guarantee that colours or other visual details displayed on your screen will exactly match the physical product.
Product descriptions, prices, availability and other information may be changed at any time without prior notice.
We reserve the right to discontinue products or limit quantities available to any person, geographic region or jurisdiction.
## SECTION 3 - ORDERS
When you place an order through Noëlla Montréal, you are making an offer to purchase the products included in your order.
We reserve the right to accept, decline or cancel an order where reasonably necessary.
An order is not considered accepted until we have confirmed acceptance and successfully processed the applicable payment.
Please review your order carefully before submitting it.
Once an order has entered processing or fulfilment, we may not always be able to accommodate cancellation or modification requests.
If we cancel, reject or make a material change to your order, we will attempt to contact you using the information supplied during checkout.
Purchases, returns and exchanges are subject to our Return & Refund Policy.
Products purchased through Noëlla Montréal are intended for personal or household use unless otherwise agreed.
## SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions may change without prior notice.
The price charged for an item will be the price displayed at checkout when the order is submitted, subject to correction of obvious errors.
Unless otherwise stated, prices may not include applicable taxes, customs duties, import charges, shipping charges or other fees imposed by authorities or third-party service providers.
From time to time, we may offer promotions that are subject to separate terms and conditions.
If there is a conflict between these Terms and specific promotional terms, the promotional terms will apply to that promotion.
You agree to provide accurate and current billing, payment and account information for all purchases.
You also agree to update information where necessary so that we can process your transactions and contact you regarding your orders.
## SECTION 5 - SHIPPING AND DELIVERY
Estimated delivery times displayed on our website are estimates and are not guaranteed unless explicitly stated otherwise.
Orders may be fulfilled and shipped by third-party fulfilment partners or suppliers.
Delivery times may be affected by factors outside our reasonable control, including:
- Shipping carrier delays
- Customs processing
- Weather conditions
- International transportation delays
- Public holidays
- Incorrect or incomplete delivery information
- Unexpected logistical disruptions
If you experience an issue with your delivery, please contact us at:
**ignacerobin@gmail.com**
We will make reasonable efforts to assist you.
## SECTION 6 - INTELLECTUAL PROPERTY
The Services, including trademarks, branding, text, graphics, images, videos, product descriptions, website design and other content, may be owned by Noëlla Montréal, its licensors, suppliers or other applicable rights holders.
The Services are intended for personal and non-commercial use.
Unless permitted by applicable law or expressly authorized by us, you may not reproduce, distribute, modify, publish, display, transmit, sell or commercially exploit content from the Services.
Nothing contained in these Terms grants you ownership or a licence to use trademarks, copyrights or other intellectual property belonging to Noëlla Montréal, Shopify or third parties except where expressly stated.
The name **Noëlla Montréal**, associated branding and logos may not be used without appropriate authorization.
Shopify's trademarks and intellectual property remain the property of Shopify.
Other trademarks appearing through the Services remain the property of their respective owners.
## SECTION 7 - OPTIONAL TOOLS
We may provide access to third-party tools or services that we do not control or monitor.
These tools may be provided on an "as is" and "as available" basis.
Your use of optional third-party tools is at your own discretion and may be subject to separate terms and privacy policies provided by those third parties.
We may also introduce additional features, tools or resources in the future.
Any such features that form part of the Services will also be subject to these Terms.
## SECTION 8 - THIRD-PARTY LINKS
The Services may contain links to websites or platforms operated by third parties.
We are not responsible for examining or guaranteeing the content, accuracy, security or practices of third-party websites.
If you choose to visit a third-party website, you do so subject to that website's own terms and policies.
We are not responsible for losses or damages arising directly from transactions between you and independent third parties.
Please review applicable third-party policies before making a purchase or providing personal information.
## SECTION 9 - RELATIONSHIP WITH SHOPIFY
Noëlla Montréal is powered by Shopify, which enables us to provide the Services to you.
However, purchases made through our Store are made directly with Noëlla Montréal.
By using the Services, you acknowledge that Shopify is not responsible for the sale between you and Noëlla Montréal, including injury, damage or loss resulting from products or services purchased from us.
To the extent permitted by applicable law, you release Shopify and its affiliates from claims arising directly from your transactions with Noëlla Montréal.
## SECTION 10 - PRIVACY POLICY
Personal information collected through the Services is handled in accordance with our Privacy Policy.
Our Privacy Policy explains, among other things:
- What personal information we collect
- How we use your information
- When information may be shared
- How Shopify processes certain information
- Your privacy rights and choices
- How to contact us regarding privacy matters
Certain personal information may also be processed by Shopify in accordance with Shopify's own privacy practices.
Shopify's Consumer Privacy Policy is available at:
https://www.shopify.com/legal/privacy/app-users
Shopify's Privacy Portal is available at:
https://privacy.shopify.com/en
## SECTION 11 - FEEDBACK AND REVIEWS
If you voluntarily submit reviews, comments, feedback, suggestions, photographs or other content to us, you grant us permission, where permitted by applicable law, to use that content for purposes related to operating, improving and promoting the Services.
You represent that content submitted by you:
- Is accurate to the best of your knowledge
- Does not violate the rights of another person
- Does not infringe copyright, trademark, privacy or other legal rights
- Does not contain unlawful or malicious material
You must not submit reviews or other content while pretending to be another person or intentionally misrepresent the origin of the content.
We reserve the right, where legally permitted, to moderate or remove unlawful, abusive, misleading, defamatory, obscene or otherwise inappropriate content.
## SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information available through the Services may contain typographical errors, inaccuracies or omissions.
These may relate to:
- Product descriptions
- Prices
- Promotions
- Shipping charges
- Delivery estimates
- Availability
- Product information
We reserve the right to correct genuine errors or inaccuracies and update information where appropriate.
Where an error affects an order that you have already placed, we will handle the matter in accordance with applicable consumer law.
## SECTION 13 - PROHIBITED USES
You may use the Services only for lawful purposes.
You may not use the Services:
- For unlawful or fraudulent activities
- To violate applicable laws or regulations
- To infringe intellectual property rights
- To harass, abuse, threaten or defame another person
- To intentionally transmit false or misleading information
- To distribute viruses, malware or harmful code
- To collect personal information unlawfully
- To spam, phish or engage in fraudulent activity
- To impersonate another person or business
- To interfere with the security or operation of the Services
- To bypass security or access restrictions
- To scrape or automatically extract content where prohibited
We reserve the right to suspend or terminate access to the Services where we reasonably determine that these Terms have been violated.
## SECTION 14 - AUTOMATED AGENTS
Automated software, bots, AI agents or similar systems that access or interact with the Services must comply with applicable laws, these Terms and any technical restrictions implemented by us.
We may restrict, limit or block automated access where necessary to protect our Services, customers, infrastructure or legal rights.
Automated systems must not intentionally bypass CAPTCHA systems, security measures, access controls or other protections designed to restrict automated activity.
## SECTION 15 - TERMINATION
We may suspend or terminate access to the Services where permitted by applicable law, including in cases involving fraud, abuse, prohibited activity or material violations of these Terms.
Termination does not affect obligations or liabilities that arose before termination.
Certain provisions of these Terms will continue to apply where their nature requires them to survive termination.
## SECTION 16 - DISCLAIMER OF WARRANTIES
Information provided through the Services is provided for general commercial and informational purposes.
We make reasonable efforts to ensure that information is accurate and current, but errors may occasionally occur.
Except where applicable law provides otherwise, the Services and products are provided subject to the warranties and protections expressly stated by us or required by law.
Nothing in these Terms is intended to exclude or restrict mandatory consumer rights that cannot lawfully be excluded.
## SECTION 17 - LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, Noëlla Montréal and its service providers will not be liable for indirect, incidental, special or consequential damages arising solely from use of the Services where such liability may legally be excluded.
Nothing in these Terms excludes liability where exclusion is prohibited by applicable law.
Mandatory consumer protections and statutory rights remain unaffected.
## SECTION 18 - INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold harmless Noëlla Montréal and relevant service providers from claims resulting from:
- Your material breach of these Terms
- Your unlawful use of the Services
- Your violation of third-party rights
- Fraudulent or malicious activity performed through your account
This section applies only to the extent permitted under applicable law.
## SECTION 19 - SEVERABILITY
If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be interpreted or limited to the minimum extent necessary.
The remaining provisions will remain in effect to the extent permitted by law.
## SECTION 20 - WAIVER AND ENTIRE AGREEMENT
Failure by us to enforce a provision of these Terms does not constitute a waiver of that provision or any other rights.
These Terms, together with policies incorporated by reference, form the agreement governing your use of the Services.
Nothing in these Terms limits any rights that cannot legally be waived or excluded.
## SECTION 21 - ASSIGNMENT
You may not transfer your rights or obligations under these Terms without our prior written consent where such consent is legally required.
We may transfer or assign our rights or obligations in connection with legitimate business activities, subject to applicable law.
## SECTION 22 - GOVERNING LAW
These Terms are governed by the laws applicable to the business operating Noëlla Montréal, subject to any mandatory consumer protection laws that apply in the jurisdiction where you reside.
Nothing in this section removes rights granted to consumers under mandatory applicable law.
## SECTION 23 - HEADINGS
Headings used in these Terms are provided for convenience only and do not affect the interpretation of the Terms.
## SECTION 24 - CHANGES TO THESE TERMS
You may review the current version of these Terms of Service on this page.
We may update these Terms from time to time to reflect changes to:
- Our Services
- Business operations
- Technology
- Legal requirements
- Policies
Where required by applicable law, we will provide notice of material changes.
Continued use of the Services after updated Terms become effective constitutes acceptance to the extent permitted by applicable law.
## SECTION 25 - CONTACT INFORMATION
If you have questions regarding these Terms of Service, your order or our Services, please contact us at:
**Noëlla Montréal**
**Email:** ignacerobin@gmail.com