Terms of Use

Overview

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

The general terms and conditions below, along with the policies referenced therein (the "Terms of Use" or "ToU"), describe your rights and responsibilities when using the Services.

Please read these Terms of Use carefully, as they contain important information about your legal rights, including warranty disclaimers 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 agree to these Terms of Use or the Privacy Policy, you must not use or access our Services.

These Terms of Use supplement, but do not supersede, our General Terms and Conditions of Sale applicable to any purchase made on the Site.

Article 1 - Access and Account

By agreeing to these Terms of Use, you represent 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, purchase, or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and delivery information. 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 communicate this information.

You are solely responsible for the security of your account credentials and all activity related to your account. You are not authorized to transfer, sell, assign, or license your account to another person.

Article 2 - Our Products

We have made every effort to accurately present our products and services in our online stores. However, please note that the colors or appearance of the products may differ from what is displayed on your screen due to the type of device you use to access the store, as well as its settings and configuration.

We invite you to consult our technical data sheets and to use our repositionable A4 formats and test pots to validate your color choice before any large quantity purchase.

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

Article 3 - Orders

When you place an order, you are making an offer to purchase. ARGILE PEINTURE reserves the right to accept or refuse your order, for any reason, at its discretion. Your order is considered accepted only after written confirmation from ARGILE PEINTURE. We must receive and process your payment before your order is validated. Please check your order carefully before submitting it, as ARGILE PEINTURE may not be able to accept cancellation requests once the order is confirmed. In the event of refusal, modification, or cancellation of your order, we will attempt to contact you using the email address, billing address, and/or telephone number provided at the time of the order.

Your purchases are subject to return or exchange conditions in accordance with our Refund Policy as well as your right of withdrawal as described in our General Terms and Conditions of Sale.

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

Article 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 of the order and will be indicated in your order confirmation email. Unless expressly stated otherwise, the prices displayed include applicable VAT and do not include delivery costs.

Prices displayed on 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, offer promotions on our Services that may impact prices and are governed by separate terms and conditions from these Terms. In case of 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 agree to promptly update your information, including your email address and payment information, so that we can complete your transactions and contact you as needed.

You represent and warrant that: (i) your payment method information is accurate, correct, and complete, (ii) you are authorized to use this payment method for the purchase, (iii) the charges incurred will be honored by the issuing institution, and (iv) you will pay the charges incurred at the displayed prices, including delivery and processing fees, and all applicable taxes.

Article 5 - Shipping and Delivery

We make every effort to deliver your orders within the timeframes indicated on the Site, it being understood that these timeframes are provided for informational purposes only. We disclaim all responsibility for delays caused by carriers or any event beyond our reasonable control. The terms of transfer of ownership and risk are detailed in our General Terms and Conditions of Sale.

Article 6 - Intellectual Property

Our Services, including, but not limited to, all trademarks, brands, text, displays, images, graphics, product reviews, videos, and audio content, as well as their design, selection, and arrangement, are the exclusive property of ARGILE PEINTURE, its affiliates, or its licensors. They are protected by French, European, and international patent, copyright, and intellectual property laws.

These Terms authorize you to use the Services for personal, non-commercial purposes only. You are not authorized to reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent. Unless expressly stated otherwise in these Terms, nothing should be construed as granting you a license or any other right to any patent, trademark, copyright, or other intellectual property of ARGILE PEINTURE, Shopify, or a third party. Any unauthorized use of the Services may constitute a violation of French and European intellectual property laws. 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 trademarks of ARGILE PEINTURE, its affiliates, or its licensors. You may not use them without the prior written permission of ARGILE PEINTURE. Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

Article 7 - Optional Tools

You may be required to use customer tools offered by third parties as part of the Services, tools that we do not monitor and over which we have no control or ability to contribute.

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 our endorsement. We disclaim all liability arising from or related to your use of optional third-party tools.

The use of optional tools offered on the site is at your sole risk and discretion. It is your responsibility to ensure that you are familiar with and agree to the terms applicable to these tools, as defined by the third-party provider(s) concerned.

We may also, in the future, offer new features through the Services (including the provision of new tools and resources). These new features will be considered an integral part of the Services and will be subject to these Terms of Use.

Article 8 - Link to Third-Party Sites

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including integrated third-party functionalities). We are not responsible for reviewing or evaluating the content or accuracy of third-party materials or websites that you choose to access. If you decide to leave the Services to access these third-party materials or sites, you do so at your own risk.

We disclaim all 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 on such sites. We encourage you to carefully review the third-party policies and practices and ensure you understand them before engaging in any transaction. Claims, complaints, concerns, or questions regarding third-party products and services should be directed directly to the relevant third party.

Article 9 - Relationship with Shopify

ARGILE PEINTURE is powered by Shopify, which enables us to offer you the Services. However, any sale or purchase made in our Store is conducted directly with ARGILE PEINTURE. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and ARGILE PEINTURE, including any damage, harm, or loss resulting from the products or services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or related to 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, available here, and certain personal information may also be subject to Shopify's Privacy Policy, available here. By using the Services, you acknowledge that you have read these privacy policies.

Since the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access and use of the Services to provide and improve them. The information you submit to the Services will be transmitted and shared with Shopify, as well as with third parties who may be located in countries different from your own, in order to provide you with the services, in compliance with the General Data Protection Regulation (GDPR). Consult our Privacy Policy for more details on how we, Shopify, and our partners use your personal information, as well as your rights to access, rectify, and delete your data.

Article 11 - Feedback

If you submit, upload, post, email, or otherwise transmit 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. We may, for example, 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 Use.

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 the submission of your Feedback; (iii) your Feedback complies with these Terms. We are not and will not be under any obligation (1) to maintain the confidentiality of your Feedback; (2) to pay compensation for your Feedback; (3) to respond to your Feedback.

We may, but are not obligated to, monitor, edit, or remove any Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property rights or these Terms of Service.

You agree that your Feedback will not violate any rights of third parties, including copyright, trademarks, data protection, personal rights, or other personal or proprietary rights. You further agree that your Feedback will not contain any defamatory, unlawful, abusive, or obscene material, or any computer virus or malware that could affect the operation of the Services or any related website. You are prohibited from using a false email address, impersonating another person, or misleading us, as well as third parties, as to the origin of the Feedback. You are solely responsible for your Feedback and its accuracy. We disclaim all responsibility and shall not be liable for any Feedback posted by you or any third party.

Article 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 in the Services is inaccurate at any time without prior notice (including after you have submitted your order), subject to your legal rights as a consumer.

Article 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) in violation of any applicable regulation, rule, or law; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others, including ARGILE PEINTURE, Shopify or third parties; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (e) to submit false or misleading information; (f) to knowingly transmit or procure the sending of any content that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation; (h) to impersonate or attempt to impersonate ARGILE PEINTURE, a ARGILE PEINTURE employee, another user, or any other person or entity; (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm ARGILE PEINTURE, Shopify, users of the Services or expose them to liability.

Furthermore, 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, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) to spam, phish, pharm, pretext, spider, crawl, or scrape via the Services; (e) use any robot, spider, scraper, data collection or extraction tool, automated device, AI tool (including agentic AI), or any other automated or manual means to access the Services; (f) interfere with or circumvent the security features of the Services, or any 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 without notice if we determine that you have violated any of these Terms.

Article 14 - Agents

14.1 This section ("Agent Terms") applies if you use, authorize, enable, or cause an Agent to access, use, or interact with the Services. An "Agent" is any software or service that acts autonomously or semi-autonomously on behalf of, or under the instructions of, a person or entity, and may run on or be used by an individual's device without direct supervision.

14.2 No Agent may access, use, or interact with the Services, unless it continuously identifies itself and operates in strict accordance with the conditions set out 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, identify that the request originates 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 originate from an Agent, including by (a) mimicking human behavior or interaction patterns, or (b) circumventing or completing CAPTCHAs or measures designed to distinguish computer from human use; (iii) truthfully respond to any question or prompt designed to determine whether interactions originate from a human or a computer; (iv) not bypass or avoid any measures designed to block, limit, modify, or control Agent access, use, or interactions with the Services.

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

The following articles will remain applicable 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 provisions which by their nature are intended to survive termination.

Article 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 or any other visitor to the Services, or by anyone who may be informed of any of its contents.

Except as 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 representation, warranties or conditions of any kind, either express or implied. However, this exclusion shall not have the effect of excluding or limiting the legal guarantees you benefit from as a consumer under French law, in particular the legal guarantee of conformity (Articles L217-3 et seq. of the Consumer Code) and the guarantee against hidden defects (Articles 1641 et seq. of the Civil Code), which cannot be waived.

Article 17 - Limitation of Liability

To the maximum extent permitted by applicable law, ARGILE PEINTURE, its partners, officers, directors, employees, affiliates, agents, contractors, service providers or licensors, nor those of Shopify and its affiliates, shall not be liable for any loss, claim, or any 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, arising from your use of the Services or any products procured through the Services.

This limitation does not apply to damages resulting from our intentional fault or gross negligence, nor does it exclude or limit ARGILE PEINTURE's liability under the legal warranties mentioned in Article 16, nor any other public order 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, from and against any losses, damages, liabilities, claims, including reasonable attorneys' fees, due to any third-party and 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 and use of the Services.

We will notify you of any claim covered by this indemnity, provided that a failure to provide prompt notification will not relieve you of your obligations, unless you suffer substantial prejudice as a result. We may assume the defense and settlement of any claim at your expense, including the selection of legal counsel, but we will not settle any claim involving non-monetary obligations on your part without your consent (which you may not unreasonably withhold). You will cooperate in the defense of claims covered by this indemnity, including by providing relevant documents.

Article 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.

Article 20 - Waiver; Entire Agreement

The failure of us 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 constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding 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.

Article 21 - Assignment

You may not delegate, transfer, or assign this agreement or any of your rights or obligations hereunder without our prior written consent. Any unauthorized attempt to assign will be null and void. 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 Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of France, excluding its conflict of law rules.

For any dispute, the competent court will be the commercial court of ARGILE PEINTURE's registered office, which is expressly accepted by the Client, subject to public order provisions protecting consumers which allow them to refer to the jurisdiction of their place of residence.

In accordance with consumer law, you can also use the consumer mediator designated by ARGILE PEINTURE, as well as the European Online Dispute Resolution (ODR) platform, accessible at: https://ec.europa.eu/consumers/odr. These terms are detailed in our General Terms and Conditions of Sale.

Article 23 - Headings

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

Article 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 these changes will take effect on the date indicated in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes.

Article 25 - Contact Information

Questions about the Terms of Service should be sent to us at: sandra.monteiro@argile-peinture.com.

Our contact information is posted below:

ARGILE
Simplified joint-stock company with a capital of 574,200.00 euros
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
Intracommunity VAT number: FR25 482157484