Terms of service

OVERVIEW

Welcome to Le Comptoir National! The terms “we”, “us” and “our” refer to Le Comptoir National. Le Comptoir National operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a personalized shopping experience (the “Services”). Le Comptoir National is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with the policies referenced herein (these “Terms and Conditions” or “Terms”), describe your rights and obligations when using the Services.

Please read these Terms and Conditions carefully, as they contain important information regarding your legal rights and cover matters such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms and Conditions and our Privacy Policy [LINK]. If you do not agree to these Terms and Conditions or the Privacy Policy, you may not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms and Conditions, you represent that you are of legal age in the state, country or region in which you reside and that you have given us your consent to allow any of your minor dependants to use the Services on devices that you own, have purchased or manage.

In order to use the Services, including accessing or browsing our online stores or purchasing products or services offered by us, you may be required to provide certain information, such as your email address and 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 are fully authorized to provide such information.

You are solely responsible for maintaining the security of your account login credentials and for all activity that occurs under your account. You may not transfer, sell, assign or license your account to any other person.

SECTION 2 – OUR PRODUCTS

We have made every effort to display our products and Services in our online stores as accurately as possible. However, please note that the colors or appearance of products may vary from what is displayed on your screen depending on the device you use to access the store and its settings and configuration.

We do not warrant that the appearance or quality of any products or Services purchased by you will meet your expectations or correspond exactly to the representations displayed in our online stores.

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

SECTION 3 – ORDERS

By placing an order, you make an offer to purchase. Le Comptoir National reserves the right, at its sole discretion, to accept or reject your order for any reason. Your order will only be considered accepted once confirmed by Le Comptoir National. Acceptance of your order is subject to receipt and processing of your payment.

Please review your order carefully before submitting it, as Le Comptoir National may not be able to accommodate cancellation requests once an order has been accepted.

If we do not accept, modify or cancel an order, we will attempt to notify you using the email address, billing address and/or telephone number provided at the time the order was placed.

Returns or exchanges of purchases are made exclusively in accordance with our Right of Withdrawal & Returns Policy [LINK].

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

SECTION 4 – PRICING AND BILLING

Prices, discounts and special offers may be changed without prior notice. The price charged for a product or Service will be the price in effect at the time the order is placed and will be stated in the order confirmation sent to you by email.

Unless expressly stated otherwise, the prices shown do not include taxes, shipping, handling, customs duties or import charges.

Prices displayed in our online stores may differ from prices in physical stores or online stores or other stores operated by third parties.

From time to time, we may offer promotions in connection with the Services that may affect pricing and that may be subject to terms and conditions different from these Terms. In the event of any conflict between the terms of a promotion and these Terms and Conditions, the terms of the promotion will prevail.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiry dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that: (i) the credit card information you provide is true, correct and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay all charges incurred by you at the prices stated, including shipping and handling charges and all applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY

We are not liable for shipping or delivery delays. All delivery times are estimates only and are not guaranteed.

We are not responsible for delays caused by shipping carriers, customs clearance or events beyond our control.

Once we have handed the products over to the shipping carrier, title to the products and the risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including, but not limited to, all brands, trademarks, text, displays, images, graphics, product reviews, video and audio files, and the design, selection and arrangement thereof, are owned by Le Comptoir National, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.

These Terms and Conditions permit you to use the Services solely for personal, non-commercial purposes.

Without our prior written consent, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material contained in the Services.

Unless expressly provided herein, nothing in these Terms and Conditions grants, or may be construed as granting, any license or other rights under any patent, trademark, copyright or other intellectual property right of Le Comptoir National, Shopify or any third party.

Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Le Comptoir National.

The Le Comptoir National name, logos, product and service names, designs and slogans are trademarks of Le Comptoir National or its affiliates or licensors. You may not use such trademarks without the prior written permission of Le Comptoir National.

The Shopify name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing on the Services are the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we do not monitor and over which we have no control or influence.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations or conditions of any kind and without endorsement.

We disclaim any liability arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the website is entirely at your own risk and discretion. You are responsible for familiarizing yourself with and accepting the terms on which such tools are provided by the relevant third-party providers.

We may also, in the future, offer new features through the Services, including the release of new tools and resources. Such new features will also be considered part of the Services and will be subject to these Terms and Conditions.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials 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 any third-party materials or websites that you choose to access.

If you decide to leave the Services in order to access such third-party materials or websites, you do so at your own risk.

We are not liable for any harm or loss arising from your access to third-party websites or from the purchase or use of products, Services, resources or content available on third-party websites.

You should carefully review the third party’s policies and practices and ensure that you understand them before engaging in any transaction.

Complaints, claims, concerns or questions regarding third-party products and Services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

[MERCHANT NOTE: This section accurately describes Shopify’s relationship with your store and should not be removed or modified.]

Le Comptoir National is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases made through our store are entered into directly with Le Comptoir National.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the transactions between you and Le Comptoir National, including any injury, damage or loss resulting from products and Services purchased.

You hereby expressly release Shopify and its affiliates from all liability for any claims, damages and obligations arising out of or relating to your purchases and transactions with Le Comptoir National.

SECTION 10 – PRIVACY POLICY

All personal data that we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK].

In addition, certain personal data may be subject to Shopify’s Privacy Policy, which can be viewed here.

By using the Services, you confirm that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal data relating to your access to and use of the Services in order to provide and improve the Services for you.

Data that you submit to the Services will be shared with Shopify and third-party providers who may be located in countries other than the country in which you reside, in order to provide the Services to you.

Please refer to our Privacy Policy [LINK] for more information about how we, Shopify and our partners use your personal data.

SECTION 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, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial purposes.

For example, we may exercise our rights under this license in order to operate, provide, evaluate, expand, improve and promote the Services, to fulfill our obligations and to exercise our rights under these Terms and Conditions.

You also represent and warrant that: (i) you own all Feedback or otherwise have all necessary rights to it; (ii) you have disclosed any compensation or incentives you have received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms and Conditions.

We are under no obligation to: (1) keep your Feedback confidential; (2) pay 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, libelous, pornographic, obscene or otherwise objectionable, or that infringes any party’s intellectual property rights or these Terms and Conditions.

You represent that your Feedback does not violate any third-party rights, including copyright, trademark, privacy, personality or other personal or proprietary rights.

You further represent that your Feedback does not contain defamatory or otherwise unlawful, abusive or obscene material and does not contain any computer virus or other malware that could in any way affect the operation of the Services or any related website.

You may not use a false email address, impersonate another person or otherwise mislead us or third parties as to the origin of any Feedback.

You are solely responsible for your Feedback and its accuracy. We accept no responsibility or liability for any Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

From time to time, information on or within the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, delivery times and availability.

Where information is inaccurate, we reserve the right to correct any errors, inaccuracies or omissions, to change or update information, or to cancel orders at any time and without prior notice, including after you have submitted your order.

SECTION 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not, directly or indirectly, access or use the Services:

(a) for any unlawful or malicious purpose;

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

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

(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or injure any of our employees or any other person;

(e) to submit false or misleading information;

(f) to send, knowingly receive, upload, download, use or reuse any material that does not comply with these Terms and Conditions;

(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 or attempt to impersonate another natural or legal person; or

(i) to engage in any other conduct that restricts or inhibits the use of the Services or that, in our sole discretion, may harm Le Comptoir National, Shopify or users of the Services, or expose them to liability.

In addition, you agree not to:

(a) upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Services in any way;

(b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services;

(c) collect or track the personal information of others;

(d) engage in spam, phishing, pharming, pretexting, spidering, crawling or scraping; or

(e) interfere with or circumvent the security features of the Services or any related website, other websites or the Internet.

We reserve the right to suspend, disable or terminate your account at any time and without prior notice if we determine that you have violated any part of these Terms and Conditions.

SECTION 14 – TERMINATION

We may terminate this agreement or your access to the Services, or any part thereof, at our sole discretion at any time without prior notice.

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

The following sections shall survive 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 that by their nature should survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES

The information presented in or through the Services is provided solely for general information purposes. We do not guarantee the accuracy, completeness or usefulness of this information. Any reliance placed on such information is entirely at your own risk. We accept no liability or responsibility for reliance on these materials by you, any other visitor to the Services, or any person informed of their contents.

Unless expressly stated otherwise by Le Comptoir National, the Services and all products offered through the Services are provided for your use on an “as is” and “as available” basis, without any representations, warranties or conditions of any kind, whether express or implied. This includes, without limitation, all implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, durability, title and non-infringement.

We do not represent or warrant that your use of the Services will be uninterrupted, timely, secure or error-free. Some jurisdictions limit or do not permit the exclusion of implied or other warranties. Accordingly, the above disclaimer may not apply to you.

SECTION 16 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, Le Comptoir National, our partners, directors, officers, employees, affiliates, agents, contractors, service providers and licensors, as well as Shopify and its affiliates, shall under no circumstances be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind.

This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs or any similar damages, whether based on contract, tort, including negligence, strict liability or any other legal basis.

This limitation of liability applies to all damages resulting from your use of the Services or any products obtained through the Services, as well as to any other claim related in any way to your use of the Services or any product. This includes any errors or omissions in content and any loss or damage of any kind incurred as a result of using the Services or any content or product published, transmitted or otherwise made available through the Services, even if advised of the possibility of such damages.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Le Comptoir National, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against any losses, damages, liabilities or claims, including reasonable legal fees, payable to any third party and resulting from:

  1. Your breach of these Terms and Conditions or any documents incorporated into them by reference

  2. Your violation of any law or the rights of a third party

  3. Your access to or use of the Services

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

We may control the defence and settlement of any such claim at your expense, including the selection of legal counsel. However, without your consent, which may not be unreasonably withheld, we will not settle any claim that imposes non-monetary obligations on you.

You agree to cooperate in the defence of any claim for damages, including by providing relevant documents.

SECTION 18 – SEVERABILITY

If any provision of these Terms and Conditions is found to be unlawful, void or unenforceable, that provision shall nevertheless remain enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms and Conditions.

Such a determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of that right or provision.

These Terms and Conditions, together with any policies or operating rules published by us on this website or in relation to the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services.

They supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including, without limitation, any previous versions of these Terms and Conditions.

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the party that drafted them.

SECTION 20 – ASSIGNMENT

You may not delegate, assign or transfer this agreement or any of your rights or obligations under these Terms and Conditions without our prior written consent. Any attempt to do so shall be null and void.

We may transfer, assign or delegate these Terms and Conditions and our rights and obligations without your consent and without notice to you.

SECTION 21 – GOVERNING LAW

These Terms and Conditions and any separate agreements under which we provide you with Services shall be governed by and construed in accordance with the laws applicable in the jurisdiction in which Le Comptoir National has its registered office.

You and Le Comptoir National consent to the venue and personal jurisdiction of the competent courts in that jurisdiction.

SECTION 22 – HEADINGS

The headings used in this agreement are included solely for convenience and shall not affect the interpretation or application of these Terms and Conditions.

SECTION 23 – CHANGES TO THE TERMS AND CONDITIONS

You may review the most current version of these Terms and Conditions at any time on this page.

We reserve the right, at our sole discretion, to update, amend or replace any part of these Terms and Conditions by publishing updates and changes on our website. It is your responsibility to check our website regularly for changes.

We will notify you of any material changes to these Terms and Conditions in accordance with applicable law. Such changes shall take effect on the date specified in the relevant notice.

Your continued use of or access to the Services after changes to these Terms and Conditions have been published constitutes your acceptance of those changes.

SECTION 24 – CONTACT INFORMATION

If you have any questions regarding these Terms and Conditions, please contact us at contact@lecomptoirnational.com.

Our contact details are provided below:

Le Comptoir National
Tavaux Strasse 12
77948 Friesenheim
Germany
VAT ID: DE366110064