Agreement to Terms of Use

 

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THE SITE.

noir-noir.fr reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, noir-noir.fr grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on the site is owned, controlled or licensed by or to noir-noir.fr, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the site and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without noir-noir.fr’s express prior written consent.

Shipping & Delivery

Packages typically arrive within 14 days from the date we receive the order.

Items are shipped directly from France by Colissimo service.

IMPORTANT - If a package is returned to France because the buyer did not claim the package, noir-noir.fr does not send replacements.

noir-noir.fr is not responsible for any actions taken by customs on your package during delivery. noir-noir.fr has no control over this.

Buyer is responsible for any customs charges that may be applied to your package. Customs determines these charges, and noir-noir.fr has no way of knowing what these charges may be.

Return & Exchange Policy

noir-noir.fr gladly accepts returns of unworn or defective merchandise for full refund or exchange within fourteen (14) days of purchase. Refunds must be accompanied by the original receipt and will be made in the form of the original payment.

You may send the item back to us at the address below using any traceable method. Once we receive your package, we will promptly exchange or refund as you instruct.

Shipping costs will not be refunded. In the case of an exchange, we will cover the cost of the shipping for the new item to you.

Our return address is: 
noir noir  
212 rue saint-maur
75010 Paris
FRANCE

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account . You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify noir-noir.fr immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by noir-noir.fr or any other user of or visitor to the Site due to someone else using your password or account.

You may not use anyone else’s password or account at any time without the express permission and consent of the holder of that password or account. noir-noir.fr cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

noir-noir.fr’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Disclaimers

noir-noir.fr DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. noir-noir.fr CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. noir-noir.fr DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. noir-noir.fr DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY noir-noir.fr SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST noir-noir.fr FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

noir-noir.fr reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will noir-noir.fr be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if noir-noir.fr has been advised of the possibility of such damages.

Indemnity

You agree to indemnify and hold noir-noir.fr, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against noir-noir.fr by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

noir-noir.fr may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) noir-noir.fr’s rights or property, or the rights or property of visitors to or users of the Site, including noir-noir.fr’s customers.
noir-noir.fr reserves the right at all times to disclose any information that noir-noir.fr deems necessary to comply with any applicable law, regulation, legal process or governmental request. noir-noir.fr also may disclose your information when noir-noir.fr determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that noir-noir.fr may preserve any transmittal or communication by you with noir-noir.fr through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or noir-noir.fr determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of noir-noir.fr, its employees, users of or visitors to the Site, and the public.

You agree that noir-noir.fr may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to noir-noir.fr, for which monetary damages would be inadequate, and you consent to noir-noir.fr obtaining any injunctive or equitable relief that noir-noir.fr deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies noir-noir.fr may have at law or in equity.

You agree that noir-noir.fr may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If noir-noir.fr does take any legal action against you as a result of your violation of these Terms of Use, noir-noir.fr will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to noir-noir.fr. You agree that noir-noir.fr will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of France. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between noir-noir.fr and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited

noir-noir.fr administers and operates the noir-noir.fr Site from its location in Grenoble, France; other sites may be administered and operated from various locations. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations.

noir-noir.fr reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited.

Privacy Prevention

noir-noir.fr actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

Product Feedback

noir-noir.fr does, however, welcome your feedback regarding many areas of noir-noir.fr ‘s existing business. If you want to send us your feedback, and we hope you do, we simply request that you send it to us using this e-mail : contact@noir-noir.fr

This is just one more way that noir-noir.fr can learn how to best satisfy your needs.

© 2016 noir noir