Terms of service

OVERVIEW

Welcome to AN Trouvailles. Throughout these Terms of Service, the terms "we," "us," and "our" refer to AN Trouvailles.

AN Trouvailles operates this website and online store, including all related information, content, features, tools, products, and services (collectively, the "Services") to provide you with a personalized shopping experience. Our store is powered by Shopify, which enables us to offer these Services.

These Terms of Service ("Terms") govern your access to and use of our Services. Please read them carefully, as they contain important information regarding your legal rights, including warranty disclaimers and limitations of liability.

By visiting, accessing, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms or our Privacy Policy, you must not access or use our Services.


Section 1 – Eligibility and Account

By accepting these Terms, you represent that you are at least the age of majority in your state, province, or country of residence. You also consent to allow any minor dependents under your supervision to use the Services on devices that you own or manage.

To access certain features of our Services, browse our online store, or purchase products, you may be required to provide information such as your email address, billing information, payment details, and shipping address.

You agree that all information you provide is accurate, current, and complete, and that you have the legal right to provide such information.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You may not sell, transfer, assign, or sublicense your account to another person.


Section 2 – Products

We make every effort to display our products and services as accurately as possible. However, the colors and appearance of products displayed on your screen may vary depending on your device, monitor settings, and display configuration.

We cannot guarantee that the appearance, quality, or characteristics of any product you purchase will exactly match what is displayed in our online store or meet your personal expectations.

Product descriptions, specifications, and availability may be updated or changed at any time without notice. We reserve the right to discontinue any product and to limit the sale of products to any individual, geographic region, or jurisdiction at our sole discretion.


Section 3 – Orders

When you place an order, you are making an offer to purchase our products.

AN Trouvailles reserves the right to accept or decline any order for any reason at our sole discretion. Your order is considered accepted only after we send you a written order confirmation.

Payment must be received and successfully processed before your order is accepted.

Please review your order carefully before submitting it, as we may not be able to cancel or modify an order once it has been confirmed.

If we cancel, reject, or modify your order, we will attempt to notify you using the email address, billing address, or telephone number you provided when placing your order.

All purchases are subject to our Refund Policy [LINK].

You represent and warrant that all products purchased through our store are intended for personal or household use only and not for resale or export.


Section 4 – Pricing and Billing

Prices, discounts, and promotions are subject to change without prior notice.

The price charged for a product or service will be the price in effect at the time your order is placed and will be confirmed in your order confirmation email.

Unless otherwise stated, displayed prices do not include applicable taxes, shipping charges, handling fees, customs duties, or import fees.

Prices offered through our online store may differ from prices available in physical stores or through third-party sales channels.

From time to time, we may offer promotions that are subject to separate terms and conditions. If a promotion conflicts with these Terms, the promotion's terms will prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all transactions.

You agree to promptly update your account information, including your email address, payment method, and expiration dates, so that we can complete your transactions and contact you if necessary.

You represent and warrant that:

  • the payment information you provide is accurate and complete;
  • you are authorized to use the payment method provided;
  • your payment provider will honor the transaction; and
  • you will pay all charges incurred, including shipping, handling fees, and applicable taxes.

Section 5 – Shipping and Delivery

Estimated delivery times are provided for convenience only and are not guaranteed.

We are not responsible for shipping delays caused by carriers, customs processing, weather conditions, or other events beyond our reasonable control.

Ownership of and risk of loss for purchased products pass to you once the products have been delivered to the shipping carrier

Section 6 – Intellectual Property

All content available through our Services, including but not limited to trademarks, logos, text, images, graphics, product reviews, videos, audio content, designs, layouts, and the selection and arrangement of such materials, is owned by AN Trouvailles, its affiliates, or its licensors and is protected by applicable copyright, trademark, patent, and intellectual property laws.

These Terms grant you a limited right to access and use the Services for your personal, non-commercial use only.

You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from our Services without our prior written permission.

Unless expressly stated otherwise in these Terms, nothing contained herein grants you any license or right to use any patent, trademark, copyright, or other intellectual property belonging to AN Trouvailles, Shopify, or any third party.

Unauthorized use of our Services or their content may violate applicable intellectual property laws. All rights not expressly granted in these Terms are reserved by AN Trouvailles.

The name AN Trouvailles, along with our logos, product names, service names, designs, and slogans, are trademarks of AN Trouvailles, its affiliates, or its licensors and may not be used without our prior written consent.

The Shopify name, logo, and related trademarks are owned by Shopify. All other trademarks, names, logos, product names, and designs appearing on our Services belong to their respective owners.


Section 7 – Optional Third-Party Tools

We may provide access to third-party tools that we do not monitor, control, or manage.

You acknowledge and agree that access to these tools is provided "as is" and "as available", without warranties, representations, or conditions of any kind and without endorsement by us.

We are not responsible for any issues, damages, or losses arising from your use of optional third-party tools.

Any use of optional tools offered through our Services is entirely at your own risk and discretion. You should ensure that you understand and agree to the terms and conditions provided by the applicable third-party providers.

We may introduce new features, services, or tools through our website in the future. Any new features or tools added to the Services will also be subject to these Terms of Service.


Section 8 – Third-Party Links

Our Services may include links to third-party websites, services, or content that are not owned or controlled by AN Trouvailles.

We are not responsible for reviewing or evaluating the content, accuracy, policies, or practices of third-party websites. If you choose to access third-party websites through links provided on our Services, you do so at your own risk.

We are not liable for any damages, losses, or issues related to your use of third-party websites, products, services, resources, or content.

Before engaging in any transaction with a third party, we encourage you to carefully review their policies and practices and ensure that you understand them.

Any complaints, concerns, or questions regarding third-party products or services should be directed to the applicable third party.


Section 9 – Shopify Relationship

AN Trouvailles is powered by Shopify, which allows us to provide our online store and Services to you.

However, all purchases made through our store are transactions directly between you and AN Trouvailles.

By using our Services, you acknowledge and agree that Shopify is not responsible for any aspect of transactions between you and AN Trouvailles, including any damages, losses, or claims resulting from products or services purchased through our store.

You expressly release Shopify and its affiliates from any claims, damages, or liabilities arising from or related to your purchases and transactions with AN Trouvailles.


Section 10 – Privacy Policy

Any personal information collected through our Services is handled according to our Privacy Policy, available here: [LINK].

Certain personal information may also be subject to Shopify’s Privacy Policy, available here: [LINK].

By using our Services, you acknowledge that you have read and understood these privacy policies.

Because our store is hosted by Shopify, Shopify collects and processes certain personal information about your use of our Services in order to provide and improve its platform.

Information you submit through our Services may be transferred to and shared with Shopify and other service providers located in countries outside your own in order to provide our Services.

For more information about how we, Shopify, and our partners collect, use, and protect your personal information, please review our Privacy Policy.

Section 11 – Customer Feedback and Submissions

If you submit, upload, post, email, or otherwise provide us with any ideas, suggestions, reviews, comments, feedback, proposals, plans, or other materials (collectively, "Feedback"), you grant AN Trouvailles a perpetual, worldwide, royalty-free, transferable, and sublicensable license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose, including commercial purposes.

For example, we may use this license to operate, improve, promote, and enhance our Services, as well as to fulfill our obligations and exercise our rights under these Terms.

You represent and warrant that:

  • you own or have the necessary rights to submit the Feedback;
  • you have disclosed any compensation or incentives received in connection with your Feedback; and
  • your Feedback complies with these Terms.

We are not obligated to:

  1. keep your Feedback confidential;
  2. provide compensation for your Feedback; or
  3. respond to your Feedback.

We reserve the right, but are not obligated, to monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, abusive, obscene, infringing, or otherwise inappropriate, or that violates these Terms or the rights of any third party.

You agree that your Feedback will not:

  • violate the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights;
  • contain unlawful, abusive, defamatory, or obscene material;
  • include viruses, malware, or other harmful code;
  • misrepresent your identity or impersonate another person; or
  • mislead us or others regarding the source of the Feedback.

You are solely responsible for any Feedback you submit and its accuracy. AN Trouvailles assumes no responsibility or liability for Feedback posted by you or any third party.


Section 12 – Errors, Inaccuracies, and Omissions

Occasionally, information on our Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping fees, delivery times, availability, or other details.

We reserve the right to correct any errors, inaccuracies, or omissions and to update or change information at any time without prior notice.

We may also cancel or modify orders if any information provided through our Services is inaccurate, including after an order has been submitted.

We are not obligated to update, modify, or clarify information on our Services unless required by law.


Section 13 – Prohibited Uses

You may use our Services only for lawful purposes.

You agree not to access or use our Services:

(a) for any unlawful, fraudulent, or malicious purpose;

(b) to violate any applicable local, provincial, state, federal, or international law or regulation;

(c) to infringe upon our intellectual property rights or the intellectual property rights of others;

(d) to harass, abuse, threaten, defame, intimidate, or harm our employees, customers, or any other person;

(e) to submit false, misleading, or inaccurate information;

(f) to upload, transmit, or use content that violates these Terms;

(g) to send unsolicited advertising, spam, chain letters, or other forms of unwanted communication;

(h) to impersonate another person or entity;

(i) to interfere with or restrict another person's ability to use or enjoy our Services.

You also agree not to:

  • upload or transmit viruses, malware, or harmful code;
  • copy, reproduce, sell, resell, or exploit any part of our Services;
  • collect or track personal information belonging to others;
  • use phishing, pharming, scraping, or other deceptive practices;
  • use robots, spiders, crawlers, scraping tools, artificial intelligence tools, automated systems, or manual methods to collect information from our Services without permission;
  • bypass, disable, or interfere with security features or access restrictions.

We reserve the right to suspend, restrict, or terminate your access to our Services at any time if we determine that you have violated these Terms.


Section 14 – Agents and Automated Access

14.1 Applicability

This section applies if you use, authorize, activate, or deploy an automated agent to access, use, or interact with our Services.

An "Agent" means any software, program, or service that operates autonomously or semi-autonomously on behalf of a person or organization, or according to their instructions, without direct human supervision.

14.2 Identification Requirements

Agents may not access, use, or interact with our Services unless they clearly identify themselves at all times and comply with the requirements outlined below.

Agents may not access our Services if we have instructed that such access is not permitted.

14.3 Restrictions

We may limit, including through technical measures, how and when Agents may access or interact with our Services.

14.4 Agent Requirements

Agents must:

(i) identify themselves in all HTTP/HTTPS requests by including an appropriate user-agent identifier in the format:

Agent/[agent name]

(ii) not hide or disguise automated access by:

  • pretending to behave like a human user;
  • bypassing CAPTCHAs or other systems designed to distinguish human users from automated systems;

(iii) answer honestly when asked whether interactions are performed by a human or an automated system;

(iv) not bypass any measures designed to control, restrict, or limit automated access to our Services.


Section 15 – Termination

We reserve the right to terminate or suspend your access to our Services, or any part of them, at any time and at our sole discretion, without prior notice.

You remain responsible for all amounts owed up to and including the termination date.

The following sections will survive termination:

  • Intellectual Property;
  • Feedback and Submissions;
  • Termination;
  • Disclaimer of Warranties;
  • Limitation of Liability;
  • Indemnification;
  • Severability;
  • Waiver;
  • Entire Agreement;
  • Assignment;
  • Governing Law;
  • Privacy Policy;
  • and any other provisions that are intended to remain effective after termination


  • Section 16 – Disclaimer of Warranties

    The information provided through our Services is made available for general informational purposes only. We do not guarantee that the information provided is accurate, complete, reliable, or suitable for your specific needs.

    Any reliance you place on information available through our Services is entirely at your own risk.

    AN Trouvailles assumes no responsibility or liability for any consequences resulting from your use of such information.

    Unless otherwise expressly stated by AN Trouvailles, the Services and all products offered through our Services are provided on an "as is" and "as available" basis, without any warranties, representations, or conditions of any kind, whether express or implied.

    This includes, but is not limited to, implied warranties or conditions of:

    • merchantability;
    • fitness for a particular purpose;
    • durability;
    • ownership;
    • and non-infringement.

    We do not guarantee that:

    • your use of our Services will be uninterrupted, timely, secure, or error-free;
    • the results obtained from using our Services will be accurate or reliable;
    • any errors in the Services will be corrected.

    Some jurisdictions do not allow limitations or exclusions of implied warranties, so some of these limitations may not apply to you.


    Section 17 – Limitation of Liability

    To the fullest extent permitted by applicable law, AN Trouvailles, its owners, affiliates, partners, officers, directors, employees, agents, service providers, suppliers, licensors, and Shopify and its affiliates shall not be liable for any loss, claim, damage, or injury of any kind, including direct, indirect, incidental, punitive, special, or consequential damages.

    This includes, without limitation:

    • lost profits;
    • lost revenue;
    • lost savings;
    • loss of data;
    • replacement costs;
    • or any similar damages.

    Such liability applies whether based on contract, negligence, strict liability, or any other legal theory, arising from:

    • your use of the Services;
    • your inability to access or use the Services;
    • products purchased through the Services;
    • errors or omissions in any content;
    • or any loss or damage resulting from content or products made available through the Services.

    This limitation applies even if AN Trouvailles has been advised of the possibility of such damages.

    Some jurisdictions do not allow certain limitations of liability, so these limitations may not apply fully to you.


    Section 18 – Indemnification

    You agree to indemnify, defend, and hold harmless AN Trouvailles, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any claims, damages, losses, liabilities, costs, or expenses, including reasonable legal fees, arising from:

    1. your breach of these Terms of Service or any documents incorporated by reference;
    2. your violation of any law or the rights of a third party; or
    3. your access to or use of our Services.

    We will notify you of any claim subject to this indemnification obligation. However, failure to provide prompt notice will not release you from your obligations unless you are materially harmed as a result.

    We reserve the right to assume control of the defense and settlement of any claim at your expense, including selecting legal counsel.

    We will not settle any claim requiring you to take non-financial action without your consent, which will not be unreasonably withheld.

    You agree to cooperate fully in the defense of any covered claim, including providing relevant information and documentation.


    Section 19 – Severability

    If any provision of these Terms of Service is determined to be unlawful, invalid, or unenforceable, that provision will remain enforceable to the maximum extent permitted by applicable law.

    Any unenforceable portion will be considered removed from these Terms without affecting the validity or enforceability of the remaining provisions.


    Section 20 – Waiver; Entire Agreement

    Our failure to enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.

    These Terms of Service, together with any policies or operating rules posted by us on our website, constitute the complete agreement between you and AN Trouvailles regarding your use of the Services.

    These Terms replace any prior or current agreements, communications, or proposals between you and us, whether written or oral.

    Any ambiguity in interpreting these Terms shall not be interpreted against the party responsible for drafting them

    Section 21 – Assignment

    You may not transfer, assign, delegate, or otherwise dispose of these Terms of Service or any of your rights or obligations under these Terms without our prior written consent.

    Any attempted assignment or transfer without our approval will be considered invalid and without effect.

    AN Trouvailles may transfer, assign, or delegate these Terms of Service, along with any related rights and obligations, to another party without your consent or prior notice.


    Section 22 – Governing Law

    These Terms of Service and any separate agreements through which we provide Services to you will be governed by and interpreted in accordance with the laws applicable in the province, state, or jurisdiction where AN Trouvailles operates.

    You and AN Trouvailles agree to submit to the jurisdiction and authority of the courts located in that applicable jurisdiction.


    Section 23 – Headings

    The headings used throughout these Terms are provided for convenience only and do not affect the interpretation or meaning of these Terms.


    Section 24 – Changes to Terms of Service

    You can review the most current version of these Terms of Service at any time on this page.

    We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms by posting changes and updates on our website.

    It is your responsibility to review our website periodically to stay informed of any changes.

    Where required by applicable law, we will provide notice of significant changes to these Terms, and those changes will become effective on the date specified in the notice.

    Your continued access to or use of our Services after any changes are posted constitutes your acceptance of those changes.


    Section 25 – Contact Information

    If you have any questions regarding these Terms of Service, please contact us at:

    AN Trouvailles
    Email: antrouvailles@gmail.com
    Phone: +1 (514) 258-4801

    Business Address:
    2815 Palmorino Street
    L'Assomption, Quebec J5W 0J1
    Canada

    Business Registration Number: ___________________

    VAT Number: ___________________