Terms of Use

This English version is provided for convenience only. The French version of these Terms of Use is the legally binding text and prevails in the event of any discrepancy.

Overview

Welcome to ARGILE PEINTURE! The terms "we", "our" and "us" refer to ARGILE PEINTURE. ARGILE PEINTURE operates this store and this website, including all associated information, content, features, tools, products and services, in order to give you, as a customer, a personalised shopping experience (the "Services"). ARGILE PEINTURE uses the Shopify platform, which enables us to provide you with the Services.

The terms below, together with the policies referred to in them (the "Terms of Use"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Use carefully, as they contain important information about your legal rights, including disclaimers of warranty and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Use and our Privacy Policy. If you do not accept these Terms of Use or the Privacy Policy, you must not use or access our Services.

These Terms of Use supplement, and do not replace, our Terms and Conditions of Sale, which apply to any purchase made on the Website.

Article 1 – Access and account

By accepting these Terms of Use, you confirm that you have reached the age of majority in your country of residence, and you give us your consent to allow your minor children to use the Services on devices you own, buy or manage.

To use the Services, including to access or browse our online stores or to buy any of the products or services we offer, you may be asked to provide certain information, such as your email address and your billing, payment and delivery details. You represent and warrant that all the information you provide in our stores is accurate, current and complete, and that you have all the rights needed to provide that information.

You are solely responsible for the security of your account credentials and for all activity linked to your account. You may not transfer, sell, assign or license your account to anyone else.

Article 2 – Our products

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

We encourage you to consult our technical data sheets and to use our repositionable A4 samples and tester pots to confirm your choice of colour before buying in any quantity.

All product descriptions may be changed at any time, without notice, at our sole discretion. We reserve the right to withdraw a product from sale at any time, and we may limit the quantities of products we offer to a person, a geographical area or a jurisdiction, on a case-by-case basis.

Article 3 – Orders

When you place an order, you are making an offer to buy. ARGILE PEINTURE reserves the right to accept or refuse your order, for any reason, at its discretion. Your order is only deemed accepted once confirmed in writing by ARGILE PEINTURE. We must receive and process your payment before your order is confirmed. Please check your order carefully before submitting it, as ARGILE PEINTURE may not be able to accept cancellation requests once the order is confirmed. If your order is refused, amended or cancelled, we will try to contact you using the email address, billing address and/or telephone number provided with the order.

Your purchases are subject to the return or exchange terms set out in our Refund Policy, and to your right of cancellation as described in our Terms and Conditions of Sale.

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

Article 4 – Prices and invoicing

Prices, discounts and promotions may change without notice. The price charged for a product or service will be the price in force when the order is placed, and will be shown in your order confirmation email. Unless expressly stated otherwise, the prices displayed include applicable VAT and exclude delivery charges.

The prices shown in our online stores may differ from those offered in our showroom or on other online platforms operated by third parties. We may from time to time run promotions on our Services which may affect prices and which are governed by separate terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You undertake to update your information promptly, including your email address and payment details, so that we can complete your transactions and contact you where necessary.

You represent and warrant that: (i) your payment method details are accurate, correct and complete, (ii) you are authorised to use that payment method for the purchase, (iii) the charges incurred will be honoured by the issuing bank, and (iv) you will pay the charges incurred at the prices displayed, including delivery and handling charges and all applicable taxes.

Article 5 – Shipping and delivery

We make every effort to deliver your orders within the times shown on the Website, it being specified that those times are given as an indication only. We accept no liability for delays caused by carriers or by any event beyond our reasonable control. The terms on which title and risk pass are set out in our Terms and Conditions of Sale.

Article 6 – Intellectual property

Our Services, including without limitation all registered trade marks, marks, text, displays, images, graphics, product reviews, video and audio content, and their design, selection and arrangement, are the exclusive property of ARGILE PEINTURE, its subsidiaries or its licensors. They are protected by French, European and international patent, copyright and intellectual property law.

These Terms allow you to use the Services for personal, non-commercial purposes only. 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 shall be construed as granting you a licence or any other right in any patent, trade mark, copyright or other intellectual property of ARGILE PEINTURE, Shopify or any third party. Any unauthorised use of the Services may breach French and European intellectual property law. All rights not expressly granted in these Terms are reserved by ARGILE PEINTURE.

ARGILE PEINTURE's names, logos, product and service names, designs and slogans are registered trade marks of ARGILE PEINTURE, its subsidiaries or its licensors. You may not use them without ARGILE PEINTURE's prior written permission. Shopify's name, logo, product and service names, designs and slogans are registered trade marks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are the registered trade marks of their respective owners.

Article 7 – Optional tools

You may use customer tools provided by third parties as part of the Services, tools which we do not monitor and over which we have no control or input.

You acknowledge and agree that we provide access to these tools "as is" and "as available", without warranty, representation or condition of any kind, and without endorsement on our part. We accept no liability arising from or connected with your use of optional third-party tools.

Use of the optional tools offered on the website is entirely at your own risk and discretion. It is for you to ensure that you know and accept the terms applying to those tools, as set by the relevant third-party provider or providers.

We may also, in future, offer new features through the Services (including making new tools and resources available). Those new features will be treated as forming part of the Services and will be subject to these Terms of Use.

Article 8 – Links to third-party websites

The Services may contain material and hyperlinks to websites provided or operated by third parties (including embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of third-party material or websites you choose to access. If you decide to leave the Services to access such third-party material or websites, you do so at your own risk.

We accept no liability for any harm or damage connected with your access to third-party websites, or with the purchase or use of products, services, resources or content on those websites. We encourage you to review third-party policies and practices carefully and make sure you understand them before entering into any transaction. Claims, complaints, concerns or questions about third-party products and services must be addressed directly to the third party concerned.

Article 9 – Relationship with Shopify

ARGILE PEINTURE is powered by Shopify, which enables us to provide you with the Services. However, any sale or purchase made in our Store is made directly with ARGILE PEINTURE. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and ARGILE PEINTURE, including any damage, harm or loss arising from the products or services purchased. You hereby expressly release Shopify and its subsidiaries from any claim, damage and liability arising from or connected with your purchase and your transaction with ARGILE PEINTURE.

Article 10 – Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy, and certain 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 the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve them. The information you submit to the Services will be transmitted to and shared with Shopify, and with third parties who may be located in countries other than your country of residence, in order to provide you with the services, in compliance with the General Data Protection Regulation (GDPR). See our Privacy Policy for more detail on how we, Shopify and our partners use your personal information, and on your rights to access, rectify and delete your data.

Article 11 – Feedback

If you submit, upload, publish, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or any other content (together, "Feedback"), you grant us a perpetual, worldwide, sub-licensable and non-exclusive licence to use, reproduce, modify, publish, distribute and display that Feedback for any purpose, including commercial purposes. We may, for example, use our rights under this licence to operate, provide, evaluate, improve and promote the Services, and to perform our obligations and exercise our rights under the Terms of Use.

You also represent and warrant that: (i) you own or hold all the rights needed in the Feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting your Feedback; (iii) your Feedback complies with these Terms. We are and will be under no obligation (1) to keep your Feedback confidential; (2) to pay compensation for your Feedback; (3) to respond to your Feedback.

We may, without being obliged to, monitor, edit or remove any Feedback that we consider, at our sole discretion, to be unlawful, offensive, threatening, defamatory, libellous, pornographic, obscene or otherwise objectionable, or that infringes any party's intellectual property rights or these Terms of Service.

You undertake that your Feedback will not infringe any third-party rights, including copyright, trade marks, data protection, personality rights or other personal or proprietary rights. You further undertake that your Feedback will not contain any defamatory, unlawful, abusive or obscene material, nor any computer virus or malicious software liable to affect the operation of the Services or of any related website. You must not use a falsified email address, impersonate anyone, or mislead us or third parties as to the origin of the Feedback. You are solely responsible for your Feedback and its accuracy. We accept no liability and cannot be held responsible for Feedback published by you or by a third party.

Article 12 – Errors, inaccuracies and omissions

The Services may occasionally contain information with typographical errors, inaccuracies or omissions, in particular regarding product descriptions, prices, promotions, offers, delivery charges, transit times or product availability. We reserve the right to correct any error, inaccuracy or omission, and to change or update information or cancel orders where information is inaccurate, at any time and without notice (including after you have submitted your order), subject to your statutory rights as a consumer.

Article 13 – Prohibited uses

You may access and use the Services for lawful purposes only. You are strictly prohibited from accessing or using the Services, directly or indirectly: (a) for unlawful or malicious purposes; (b) in breach of any applicable regulation, rule or law; (c) in a way that infringes the intellectual property rights of ARGILE PEINTURE, Shopify or third parties; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or injure any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, use or reuse any content that does not comply with these Terms; (g) to transmit or procure the sending of any advertising or promotional material, including "junk mail", "chain letters", "spam" or any similar solicitation; (h) to impersonate any person or entity, or attempt to do so; (i) to engage in any conduct liable to restrict or inhibit anyone else's use or enjoyment of the Services, or which, in our assessment, could harm ARGILE PEINTURE, Shopify or users of the Services, or expose them to any liability.

In addition, you undertake not to:

(a) upload or transmit viruses or any other malicious code liable to affect the operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any part of the Services; (c) collect or track the personal information of others; (d) engage in spamming, phishing, pharming or pretexting through the Services; (e) use robots, spiders, scraping, data-harvesting or data-extraction tools, automated devices, AI tools (including agentic AI) or any automated or manual means to access the Services; (f) interfere with, circumvent or defeat security or authorisation features, robot exclusion headers, or any other measure we put in place 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 breached any provision of these Terms.

Article 14 – Agents

14.1 This section (the "Agent Terms") applies if you use, authorise, 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 on the instructions 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 at all times and operates in strict compliance with the conditions set out in section 14.4 below. In addition, no Agent may access, use or interact with the Services if we have asked that Agent to refrain from accessing, using or interacting with any service.

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

14.4 Agents must: (i) in all HTTP/HTTPS requests, indicate that the request comes from an Agent and disclose the Agent's name by including the following in the user-agent string: "Agent/[agent name]"; (ii) not conceal or disguise the fact that the access, use or interactions come from an Agent, in particular by (a) mimicking human behaviour or interaction patterns, or (b) circumventing or completing CAPTCHAs or measures intended to distinguish computer use from human use; (iii) answer honestly any question or prompt intended to determine whether interactions come from a human or a computer; (iv) not circumvent or avoid any measure intended to block, limit, modify or control Agents' access to, use of or interaction with the Services.

Article 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 will remain liable for all amounts due up to and including the date of termination.

The following articles will continue to apply after any termination: Intellectual property, Feedback, Termination, Disclaimer of warranties, Limitation of liability, Indemnification, Severability, Waiver, Entire agreement, Assignment, Governing law, Privacy Policy, and any other provision whose nature implies that it should survive termination.

Article 16 – Disclaimer of warranties

The information presented on or through the Services is made available for information purposes only. We do not warrant the accuracy, completeness or usefulness of that information. Any reliance you place on it is strictly at your own risk. We disclaim all liability and warranty concerning the consequences of the use of that information by you, by any other visitor to the Services, or by anyone informed of its content.

Except where expressly stated by ARGILE PEINTURE, 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. This disclaimer cannot, however, have the effect of excluding or limiting the statutory warranties you benefit from as a consumer under French law, in particular the statutory warranty of conformity (articles L217-3 et seq. of the French Consumer Code) and the warranty against hidden defects (articles 1641 et seq. of the French Civil Code), from which no derogation is possible.

Article 17 – Limitation of liability

To the fullest extent permitted by applicable law, neither ARGILE PEINTURE, its partners, officers, directors, employees, affiliates, agents, contractors, service providers or licensors, nor those of Shopify and its affiliates, may be held liable for any loss or claim, or for any indirect, incidental, exemplary, special or consequential damage of any kind, including without limitation loss of profits, revenue, savings or data, replacement costs or any other similar loss, arising from your use of the Services or of any product obtained through the Services.

This limitation does not apply to damage resulting from wilful misconduct or gross negligence on our part, nor does it exclude or limit ARGILE PEINTURE's liability under the statutory warranties referred to in Article 16, or any other mandatory provision of French law applicable to consumer relations.

Article 18 – Indemnification

You agree to indemnify, defend and hold harmless ARGILE PEINTURE, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers, against any loss, damage, liability or claim, including reasonable legal fees, owed to a third party and arising from (1) your breach of these Terms of Use or of the documents they incorporate by reference, (2) your breach of any law or of a third party's rights, or (3) your access to and use of the Services.

We will notify you of any claim covered by this indemnity, on the understanding that a failure to notify promptly will not release you from your obligations unless you suffer material prejudice as a result. We may conduct the defence and settlement of any claim at your expense, including the choice of legal counsel, but we will not settle a claim involving non-monetary obligations on your part without your agreement (which you may not unreasonably withhold). You will cooperate in the defence of claims covered by this indemnity, in particular by providing relevant documents.

Article 19 – Severability

Should any provision of these Terms of Use be held unlawful, void or unenforceable, that provision will remain enforceable to the fullest extent permitted by applicable law, and the unenforceable part will be deemed severed from these Terms of Use. Such a determination will affect neither the validity nor the enforceability of the remaining provisions.

Article 20 – Waiver; entire agreement

A failure to exercise or to require the exercise of any right or provision of these Terms of Service will not constitute a waiver of that right or provision.

These Terms of Use, together with the policies or rules of use published by us on this website or relating 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 agreement, communication or proposal, whether oral or written, between you and us (including without limitation earlier versions of the Terms of Use).

Any ambiguity in the interpretation of these Terms of Use will not be construed against the drafting party.

Article 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 unauthorised assignment will be void and of no effect. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or prior notice.

Article 22 – Governing law

These Terms of Use, and any separate agreement under which we provide you with the Services, are governed by and construed in accordance with French law, to the exclusion of conflict-of-law rules.

For any dispute, the competent court will be the commercial court of ARGILE PEINTURE's registered office, which the Customer expressly accepts, subject to the mandatory consumer-protection provisions allowing a consumer to bring proceedings before the court of their place of residence.

In accordance with consumer law, you may also use the consumer mediation service to which ARGILE PEINTURE subscribes, and the European online dispute resolution (ODR) platform, available at: https://ec.europa.eu/consumers/odr. These arrangements are set out in detail in our Terms and Conditions of Sale.

Article 23 – Headings

The headings used in this agreement are inserted for convenience and will neither affect nor limit the interpretation of these Terms.

Article 24 – Changes to the Terms of Use

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

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by publishing updates and changes on our website. It is your responsibility to check our website periodically for any changes. We will inform you of any material change to these Terms in accordance with applicable law, and those changes will take effect on the date stated in the notice. Your continued use of or access to the Services after changes to these Terms are published constitutes acceptance of them.

Article 25 – Contact details

For any question about these Terms of Use, please contact us at: sandra.monteiro@argile-peinture.com.

Our details are set out below:

ARGILE
Société par actions simplifiée with share capital of €574,200.00
Registered office: 35-37 avenue du Gros Chêne – PA Les Bellevues – 95220 Herblay-sur-Seine
RCS Pontoise 482 157 484
SIRET: 482 157 484 00031
contact@argile-peinture.com
+33 9 61 68 22 81
EU VAT number: FR25 482157484