Terms of service

OVERVIEW

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

The Terms of Service below, together with all policies relating thereto (the"Terms of Service" or "Conditions") 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. 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 agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you agree to allow any of your minor dependents to use the Services on your devices. buy 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 information, to payment and shipping. You represent and warrant that all information you provide in our stores is correct, current and complete and that you have all rights necessary to provide such information.
You are solely responsible for maintaining the security of your account credentials and all activities in your account. You may not transfer, sell, assign or grant your account to any other person.

SECTION 2 - OUR PRODUCTS

We tried to provide an accurate representation of our products and services in our online shops. However, please note that the colors 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, the settings and configuration of your device.
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 described or rendered in our online stores.
All product descriptions are subject to change at any time and without notice, in our sole discretion. We reserve the right to remove any product at any time and may limit the quantities of any product that we offer to any person, geographical region or jurisdiction, on a case-by-case basis.

SECTION 3 – ORDERS

When you place an order, you are making a purchase offer. CHAKANA reserves the right to accept or refuse your order for any reason whatsoever, at its discretion. Your order is not accepted until CHAKANA has confirmed its acceptance. We need to receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as CHAKANA may not be able to respond to cancellation requests after accepting an order. In the event that we do not accept, amend or cancel an order, we will try to notify you by contacting the email address, billing address and/or phone number provided at the time of the order.
Your purchases may be returned or exchanged only in accordance with our Refund Policy.
You represent and warrant that your purchases are for your personal or domestic use and not for commercial resale or export.

SECTION 4 – PRICE 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 the order is placed and will be indicated in your order confirmation email. Unless otherwise stated, prices shown do not include taxes, shipping and handling charges, customs or import fees.
The prices displayed in our online shops may differ from the prices offered in physical stores or in online shops or other shops operated by third parties. We may offer, from time to time, promotions on the Services that may affect prices and are governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion shall prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at 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 if necessary.
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 purchase, (iii) amounts charged by you will be honoured by your credit card institution, and (iv) you will pay the amounts charged by you at the prices shown including shipping and handling charges and any applicable taxes, if any.

SECTION 5 – SHIPMENT AND DELIVERY

We are not responsible for shipping and delivery delays. All shipping times 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, but not limited to, all trademarks, trade dress, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereofherewith, are the property of CHAKANA, its affiliates or its licensors and are protected by United States and foreign patent, copyright, and other intellectual property laws.
These Terms entitle you to use the Services for personal and non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit the material of the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting any license or other rights to you under any patent, trademark, copyright or other intellectual property of CHAKANA, Shopify or a third party. Unauthorized use of the Services may be a violation of federal and national intellectual property laws. All rights not expressly granted herein are reserved to CHAKANA.
The names, logos, product and service names, designs and slogans of CHAKANA are registered trademarks of CHAKANA or its affiliates or licensors. You must not use these trademarks without the prior written consent of CHAKANA. Shopify’s name, logo, product and service names, designs and slogans are registered 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 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 these tools "as-is" and "as-available" without any warranties, representations or conditions of any kind and without any endorsement. We do not accept any 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 aware of and approve of the terms under 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 posting new tools and resources). These new features shall 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 materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for reviewing 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 to access these documents or third-party sites, you do so at your own risk.
We are not responsible for any harm or damage related to your access to third-party websites, or your purchase or use of products, services, resources or content on third-party websites. Please carefully review the third parties' policies and practices and ensure that you understand them before engaging in any transaction. Complaints, claims, concerns or questions about third party products and services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

NOTE TO MERCHANT: This section accurately describes the relationship between Shopify and your store and should not be removed or changed].
CHAKANA is powered by Shopify, which allows us to provide you with the Services. However, the sales and purchases you make in our Store are made directly with CHAKANA. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and CHAKANA, including any harm, damage or loss resulting from products and services purchased. You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities arising out of or in connection with your purchases and transactions with CHAKANA.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be found here [https://www.chakana-store.com/policies/privacy-policy], and some 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.
Because 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 the Services for you. The information you submit to the Services will be transmitted and shared with Shopify, as well as third parties who may be located in countries other than the one where you reside, in order to provide services to you. See our privacy policy [https://www.chakana-store.com/policies/privacy-policy] for more details on how we, Shopify, and our partners use your personal information. 

SECTION - 11 – EXPERIENCE FEEDBACK
If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, opinions, proposals, packages or other content (collectively referred to as "Experiential Feedback"), you grant us a perpetual, worldwide, sub-licensable, fully royalty-free license to use, reproduce, modify, publish, distribute and display this Feedback in any medium for any purpose, including for commercial purposes. We may, for example, use the rights granted to us under this license to operate, provide, evaluate, enhance, improve and promote the Services, and 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 Experiential Feedback; (ii) you have disclosed any compensation or inducement received in connection with your submission of Experiential Feedback; and (iii) your Feedback will comply with these Terms. We have and will have no obligation (1) to maintain the confidentiality of your Experiential Feedback (2) to pay compensation for your Experiential Feedback or (3) to respond to your Experience Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion is unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or that violates any 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, trademark, privacy, personality or other personal or proprietary right. You also agree that your Feedback does not contain any defamatory or otherwise unlawful material, abusive or obscene, or computer viruses or other malware that may 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 make and its accuracy. We assume no responsibility for any Feedback posted by you or a third party.
 

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

There may be instances where information on or in the Services contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, the delivery 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 is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 – PROHIBITED USES

You may only access and use the Services for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any illegal or malicious purpose; (b) to violate any regulation, rule, international, federal, provincial or national law, or any local order (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others (d) to harass, abuse, insult, harm, defame, calumniate, disparage, intimidate or injure any of our employees or any other person to transmit false or misleading information (f) to send, knowingly receive, upload, download, use or reuse any material that does not comply with these Conditions(g) to transmit or ensure the sending of any advertising or promotional material, including any undesired mailings 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 the use or enjoyment of the Services by anyone, or which we believe may harm CHAKANA, 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 will be or may be used in any manner that will affect 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 other people; (d) send spam, phishing, pharm, pretext, robot, collector, or scrapbooking or (e) interfere with or circumvent the security functions of the Services or any associated websites, other websites or the Internet. We reserve the right to suspend, disable or terminate your account at any time without notice if we believe you have breached any part of these Terms.

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 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, Indemnity, Severability, Waiver, Entire Agreement, Assignment, Applicable Law, Privacy Policy, and any other provision which by its nature should survive termination.

SECTION 15 – WARRANTY DISCLAIMER

Information presented on or through the Services is made available for general informational purposes only. We do not guarantee the accuracy, completeness or usefulness of this information. Any reliance on this information is strictly at your own risk. We disclaim any and all liability arising from the reliance that you or any other visitor to the Services, or any person with knowledge of their content, place on such content.
EXCEPT AS EXPRESSLY STATED BY CHAKANA, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "FOR ELECTRONIC PURPOSES" AND "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 GUARANTEE 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 WARRANTIES OR OTHERWISE, SO THAT THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CHAKANA, OUR PARTNERS, OFFICERS, DIRECTORS, 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, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOST DATA, REPLACEMENT COSTS, OR ANY OTHER SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT OBTAINED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERROR OR OMISSION IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) PUBLISHED, TRANSMITTED OR MADE AVAILABLE THROUGH THE SERVICES, EVEN IF YOU HAVE BEEN WARNED OF THEIR POSSIBILITY.

SECTION 17 – COMPENSATION

You agree to indemnify, defend and hold harmless CHAKANA, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to a third party due to or arising from (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 to and use of the Services.
We will notify you of any compensable claim, it being understood that failure to give prompt notice will not relieve you of your obligations unless you suffer material loss. We may control the defense and settlement of this claim at your expense, including the choice of lawyer, but we will not settle a claim requiring non-monetary obligations from you without your consent (which should not be unreasonably withheld). You will cooperate in the defense of compensated claims, including providing relevant documents.

SECTION 18 – DISSOCIABILITY

If 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 deleted from these Terms of Service, without this affecting the validity and applicability of the other remaining provisions.

SECTION 19 – RENONCIATION; ENTIRE AGREEMENT

Our inability to exercise or enforce any right or provision of the Terms of Service does 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 constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior prior or contemporaneous communication and proposal, whether oral or written, between you and us (including but not limited to any prior versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the party who drafted them.

SECTION 20 – TRANSFER

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 shall be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 21 – APPLICABLE LAW

These Terms of Service and any separate agreement by which we provide you with the Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where CHAKANA has its headquarters. You and CHAKANA accept the place and personal jurisdiction of these courts.

SECTION 22 – TITLES

The headings used in this agreement are for convenience only and do not have the effect of limiting or affecting these Terms.

SECTION 23 – CHANGES TO THE TERMS OF SERVICE

You may at any time consult the most recent version of the Terms of Service on this page.
We reserve the right, in our sole discretion, to update, amend or replace any part of these Terms of Service by posting updates and amendments on our website. It is your responsibility to regularly check our website for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes shall become effective on the date specified in the notice. Continued use of or access to the Services after any changes to these Terms of Service have been posted constitutes acceptance of those changes.

SECTION 24 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at contact@chakana-store.com
Our contact details are displayed below:
CHAKANA
contact@chakana-store.com
403 Chemin de la Croix des Solliès 83690 Salernes
0664820240
517824009 00024
FR 64517824009