Terms of service

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

The Terms of Use below, together with all related policies (the “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as disclaimers and limitations of liability.

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

SECTION 1 – ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you give us your consent to allow any minor under your responsibility to use the Services on devices that you own, purchase, or manage.
To use the Services, including to access or browse our online stores, or to purchase any of the products or services we offer, you may be asked to provide certain information, such as your email address and information relating to billing, payment, and shipping. 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 provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activities on your account. You are not authorized to transfer, sell, assign, or license your account to another person.

SECTION 2 – OUR PRODUCTS
We have endeavoured to provide an accurate representation of our products and services in our online stores. However, please note that the colours or appearance of the products may differ from how they appear on your screen due to the type of device you use to access the store, as well as your device’s settings and configuration.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be the same as those described or presented in our online stores.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to remove any product at any time and may limit the quantities of any product we offer to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS
When you place an order, you make an offer to purchase. Calchou reserves the right to accept or refuse your order for any reason, at its discretion. Your order is not accepted until Calchou has confirmed its acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as Calchou may not be able to accommodate cancellation requests after an order is accepted. In the event that we do not accept, modify, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or telephone number provided at the time of ordering.
Your purchases may be returned or exchanged only in accordance with our Refund 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 – PRICES AND BILLING
Prices, discounts, and promotions may be changed without 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 your order confirmation email. Unless otherwise specified, displayed prices do not include taxes, shipping and handling fees, or customs or import fees.
The prices displayed in our online stores may differ from the prices offered in physical stores or in online stores or other outlets operated by third parties. From time to time, we may offer promotions on the Services that may affect prices and that are governed by Terms of Use separate from these 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 agree to promptly update your account and other information, including your email address, credit card numbers, and expiration 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, accurate, and complete, (ii) you are duly authorized to use this credit card for the purchase, (iii) charges made by you will be honored by your credit card issuer, and (iv) you will pay the amounts charged by you at the posted prices, including shipping and handling fees and all applicable taxes, if any.

SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All shipping timelines are estimates and are not guaranteed. We are not responsible for delays caused by freight carriers, customs processing, or events beyond our control. Once we transfer the products to the carrier, title and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including, without limitation, all trademarks, trade names, text, displays, images, graphics, product reviews, videos, and audio, as well as the design, selection, and arrangement thereof, are the property of Calchou, its affiliates, or its licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms authorize you to use the Services for personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or should be interpreted as granting you a license or other rights under any patent, trademark, copyright, or other intellectual property of Calchou, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by Calchou.
Calchou’s names, logos, product and service names, designs, and slogans are trademarks of Calchou or its affiliates or licensors. You must not use these trademarks without Calchou’s prior written consent. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS
You may have access to client 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 these tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We disclaim all liability arising from or related to your use of optional third-party tools.
Any use by you of the optional tools offered on the site is entirely at your own risk and discretion, and you must ensure that you are familiar with and approve the terms on which the tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). These new features must also be considered part of the Services and will be subject to these Terms of Service.

SECTION 8 – LINKS TO THIRD PARTIES
The Services may contain documents and hyperlinks to websites provided or operated by third parties (including any embedded third‑party functionality). We are not responsible for reviewing or assessing the content or accuracy of any third‑party documents or websites that you choose to access. If you decide to leave the Services to access these documents or third‑party sites, you do so at your own risk.
We are not responsible for any harm or damages related to your access to third-party websites, or to your purchase or use of products, services, resources, or content on third-party websites. Please carefully review the policies and practices of the third parties and ensure that you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services must be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY
[NOTE TO THE MERCHANT: This section precisely describes the relationship between Shopify and your store and must not be deleted or modified].
Calchou is powered by Shopify, which enables us to provide the Services to you. However, the sales and purchases you make in our Store are conducted directly with Calchou. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Calchou, including any injury, damage, or loss resulting from the products and services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or relating to your purchases and transactions with Calchou.

SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed 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 to and use of the Services in order to provide the Services to you and improve them. The information you submit to the Services will be transmitted to and shared with Shopify, as well as with third parties who may be located in countries other than the one in which you reside, in order to provide services to you. Please see our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, packages, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, and fully royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback on any medium and for any purpose, including commercial purposes. We may, for example, exercise the rights granted by this license to operate, provide, evaluate, enhance, improve, and promote the Services, as well as to fulfill our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentive received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We have no obligation, and will have no obligation, (1) to maintain the confidentiality of your Feedback; (2) to provide compensation for your Feedback; or (3) to respond to your Feedback.
We may, without being obligated to do so, monitor, modify, or delete Feedback that we, in our sole discretion, deem illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates a party’s intellectual property or these Terms of Service.
You agree that your Feedback does not violate any rights of any third party, including copyright, trademarks, privacy, publicity, or any other personal or proprietary rights. You also agree that your Feedback does not contain defamatory or otherwise unlawful, abusive, or obscene content, nor computer viruses 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, pretend to be someone other than yourself, or mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you provide and for its accuracy. We assume no liability for any Feedback posted by you or by a third party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
It may happen that information on or within the Services 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 modify or update information or cancel orders if any information is inaccurate, 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 access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, or national regulation, rule, law, or any local 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 transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse any material 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 another person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that, in our judgment, may harm Calchou, Shopify, or 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 a manner that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any part of the Services; (c) collect or track the personal information of others; (d) send spam, phishing, pharming, pretexting, robots, harvesters, or scraping; or (e) interfere with or circumvent the security features of the services or any associated website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services (or any portion thereof) at our sole discretion, at any time and without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections 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 that, by its nature, should survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available for general informational purposes only. 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
EXCEPT WHERE EXPRESSLY STATED BY Calchou, THE SERVICES AND ALL PRODUCTS PROVIDED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Calchou, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY OTHER SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT PROCURED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF.

SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Calchou, 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 attorneys’ fees, payable to a third party due to or 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 any third party’s rights, or (3) your access to and use of the Services.
We will inform you of any indemnifiable claim, it being understood that a failure to provide prompt notice will not relieve you of your obligations unless you suffer material prejudice. We may control the defense and settlement of such claim at your expense, including the selection of counsel, but we will not settle any claim requiring non-monetary obligations from you without your consent (which must not be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 18 – SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, without affecting the validity and enforceability of the remaining provisions.

SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of the Terms of Service does not constitute a waiver of that right or provision.
These Terms of Service and any policy or operating rule posted by us on this site or in respect of the Service constitute 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, without limitation, all prior versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the party that drafted them.

SECTION 20 – 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, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice to you.

SECTION 21 – APPLICABLE LAW
These Terms of Service and any separate agreement under which we provide you with Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Calchou has its principal place of business. You and Calchou consent to the venue and personal jurisdiction of those courts.

SECTION 22 – TITLES
The headings used in this agreement are for convenience only and do not serve to limit or affect these Terms.

SECTION 23 – CHANGES TO THE TERMS OF SERVICE
You may consult the most recent version of the Terms of Service on this page at any time.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website regularly for any changes. We will inform you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services after the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24 – CONTACT DETAILS
Questions regarding the Terms of Service must be sent to: contact@calchou.ca.
Our contact details are displayed below:
9522-2063 Qc inc.
contact@calchou.ca
1055 Lucien l'Allier Street, Unit 900, Montreal, QC, H3G 3C4.
1180064520