GENERAL ASPECTS
These Terms and Conditions of Use (hereinafter referred to as the « Terms and Conditions »), concerns the website https://www.emericlivinec.com (hereinafter the « Website ») as well as the Terms and Conditions to purchase products through it.
The Website is owned by EMERIC VISUALS, 161 route de l’Empereur 92500 Rueil-Malmaison, France - SIRET 82227018700013 RCS de Nanterre - TVA INTRA FR81822270187.
The use of the Website’s services and the acquisition of the products offered assumes unreserved acceptance by the User or Customer of each of the Terms and Conditions. These Terms and Conditions apply to all users, including suppliers, traders and content collaborators.
EMERIC VISUALS encourages to read carefully the Terms and Conditions before using the Website. EMERIC VISUALS can update these Terms and Conditions whenever thinks is necessary on the Website, and the customers will always have access to the updated document to print it.
The Website is hosted on Shopify Inc. servers. They are our e-commerce platform supplier that allows us to commerce our products and services.
All content and materials available on the Site, including but not limited to text, graphics, website name, code, images, and logos are the intellectual property of Emeric Livinec, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display, or transmission of any content on this site is strictly prohibited unless authorized by Emeric Livinec.
WEBISTE CONDITIONS
By using this website, the User declares to be of legal age in your residence region or country. EMERIC VISUALS reserves the right to cancel or deny an order when the information is not correct.
The failure of any of these Terms and Conditions will result in the immediate cessation of your services.
GENERAL CONDITIONS
EMERIC VISUALS reserves the right to deny the service to any person for any reason at any time.
The User understands the content (except your credit card information), can be transferred without encryption and involve (a) transfers on different networks; and (b) changes to adjust or adapt the technical network connections or devices requirements.
The User agrees to not duplicate, replicate, copy, sell, resell or exploit any of our Service, use of the service, access of the service or any other contact on the Website without prior express written permission from EMERIC VISUALS.
ACCURACY, COMPLETENESS AND ACTUALITY OF INFORMATION
EMERIC VISUALS accepts no liability for inaccuracy, incompleteness or non-actual information on the Website. The material provided on this Website is only to get general information and do not have to be an only resource to take decisions without checking more accurate, complete and appropriate information. Any reliance on this Website material is at your own risk.
The Website can contain historical information. Historical information is not necessarily actual and is provided for your reference. We reserve the right to modify this Website at any time, but we do not have the obligation to update any information on the Website. The User is responsible for checking the changes on the Website.
SERVICE AND PRICES CHANGES
The prices of our products can be changed without previous advice.
EMERIC VISUALS reserves the right to modify or discontinue the Service (or any part of the activity) at any time without prior notification.
We assume no liability to any party for any modification, change of the price, suspension or discontinuity of the Service.
PRODUCTS AND SERVICES
Some products or services may be available exclusively on the Website. These products or services have limited quantities and are subject to modifications of our Return Policy.
EMERIC VISUALS makes the effort to show the colours and pictures of our products on the Website as precisely as possible. We can not assure that your screen shows the colours precisely.
EMERIC VISUALS reserves the right to restrict the sale of our products to any person, region or jurisdiction. We can exercise this right based on each situation. We also reserve the right to restrict the number of products and services we offer. All the product and service descriptions are subject to changes at any time and without prior notification. EMERIC VISUALS also reserves the right to discontinue any product or service at any time. Offers, promotions or discounts are invalid in places where we do not offer neither product nor service.
We do not guarantee that the quality of our products, services, information or other materials bought through the Website, meet your current expectations, or that any mistake on the Service will be corrected.
SHIPPING AND DELIVERY
We deliver worldwide. Shipping cost will depend on the country and will be indicated during the checkout process.
Once we have received your payment you will receive a confirmation email. Sometimes notifications take time. When it takes longer than 3 working days, please contact us via emeric@emeric-visuals.com. In these cases, do not place a new order and wait for an answer to do not duplicate the purchase.
Once your order has left our warehouse, the logistic supplier will contact you with all the tracking information.
The first attempt is always to the delivery address the customers specify to make it the most comfortable. When the customer is not available, the carrier will leave a delivery service notice to arrange a second attempt.
Please, note that after 4-7 days from the first attempt, when there is no answer, the order will be returned to origin. Uncollected orders will be returned to EMERIC VISUALS and we will charge the customer a fee of 15€ due to inverse logistics.
If you want to cancel an order, contact us via emeric@emeric-visuals.com. Our workload is very high, and we cannot assure we will cancel the order before getting out our warehouse
WITHDRAWAL PERIOD
When purchasing products on the Website you have a 14-day withdrawal period. The Customer has the right to cancel any purchase notifying EMERIC VISUALS within 14 days from when the Customer receives the product.
The Customer will assume the freight costs and must present a valid document to recognize the order. The product must be well-packaged in good condition and with the original protection and packaging. The status of the returned product is not the responsibility of EMERIC VISUALS.
EMERIC VISUALS will refund you the amount of the products returned once we have verified that the instructions given has being followed correctly and the product is in good condition. However, we reserve the right to deduct the depreciation in value of the product compared to the original product or when the depreciation in value is due to having handled the product.
Those returns due to a manufacturing defect or the transport, EMERIC VISUALS will assume the freight costs and we will send you a new product with no cost added. Exchanges are processed like a regular return.
Sealed products cannot be returned or exchanged if the seal is broken.
INVOICE ACCURACY AND ACCOUNT INFORMATION
EMERIC VISUALS reserves the right to reject any order. We can limit or cancel at our discretion the quantities ordered. These restrictions may include orders realized by the same customer account, same credit card, or orders under the same billing or shipping address.
If we proceed to make a change or cancel an order, EMERIC VISUALS will try to contact you via email, billing address or phone number provided during the purchase process. EMERIC VISUALS also reserves the right to restrict orders than may end up in the hands of resellers or dealers.
The User undertakes to give actual, complete and accurate information about the purchase and the account used in the Website. The User also undertakes to updated information, such as email address, credit card numbers or expiration dates to complete transactions or contact the User when necessary.
OPTIONAL TOOLS
EMERIC VISUALS might provide access to tools to third-parties whom we do not monitor, and we do not have control.
The User recognizes and accepts that EMERIC VISUALS provides this kind of access to these tools without guarantees, representations or any kind of support. EMERIC VISUALS will not be responsible for the User use of third-parties tools.
We recommend you read the terms and conditions of these tools because the use of these tools will at User own discretion and risk.
New services or tools provided by EMERIC VISUALS will also be subject to these Terms and Conditions.
THIRD-PARTIES LINKS
Some content, products and services on the Website may include third-parties material.
Links to third-parties on the Website may direct the User to non-affiliated third-parties websites. We can accept no liability for the content, products, services or any other aspect of third-parties websites.
EMERIC VISUALS recommends the User to revise Policies and practices on other websites. Complaints, claims or requests must be aimed at third-parties.
USERS COMMENTS
EMERIC VISUALS has no obligation to: (a) keep any comment confidential; (b) pay compensation due to comments; (c) answer comments.
If the User sends specific presentations (for example: participate in a draw), she/he accepts that we can edit, copy, publish, distribute, translate and use it at any time with no restriction
EMERIC VISUALS can monitor, edit or remove content considered as illegal, offensive, threatening, slanderous, pornographic or obscene.
The User agrees the comments will not violate third-parties, including brand, copyright, privacy, or other personal rights. Similarly, the User accepts her/his comments do not contain illegal, abusive, obscene content, as well as virus or malware that may affect the Website or other websites related.
EMERIC VISUALS has no responsibility towards the User comments.
MISTAKES, INACCURACIES AND OMISSIONS
Sometimes there may be information on the Website that contains typographic mistakes, inaccuracies or omissions that may be related to product specifications, prices, promotions, offers, freight costs, delivery time or availability. EMERIC VISUALS has the right to correct such mistakes, omissions and change or update information, as well as cancel orders if there was information on our Website inaccurate. These actions may be taken under no advice (even after the User has placed an order).
EMERIC VISUALS do not assume any obligation to update, correct or clarify the Website information, including price information, except when clearly marked by law.
PROHIBITED USES
In addition to other prohibitions covered by these Terms and Conditions, is prohibited the use of the Website: (a) for any illegal purpose; (b) to ask third-parties to engage in illegal actions; (c) to violate any regulation; (d) to violate any intellectual property; (e) to stalk, insult, abuse, hurt, intimidate, discriminate on grounds of race, sex, sexual orientation, religion, age, nationality or disability; (f) to present inaccurate information; (g) to introduce viruses, Trojans or any other technologically damaging material; (h) to collect or track others personal data; (i) to generate spam, phish, pharm, pretext, spider, crawl or scrape. EMERIC VISUALS has the right to restrict the use of this Website due to any of the previous prohibited uses.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
EMERIC VISUALS does not guarantee the use of the Website will not be discontinued promptly. Nor the results obtained from the use of the service will be exact and reliable.
The User agrees EMERIC VISUALS may discontinue, temporarily or definitively the service with no prior notice.
Our managers, employees, suppliers, agents, service suppliers will be responsible for any damage, loss, claim or indirect damage, including earnings loss, saves loss, data loss, or similar damages, either because of the contract or because of the use of our products. Due to some regions, states or jurisdictions do not allow the exclusion or limitation of damage responsibilities, our responsibility will be limited as far as possible.
COMPENSATION
The User agrees to indemnify, defend and keep harmless EMERIC VISUALS and our filial, partners, subsidiaries, service suppliers, employees and managers in front of any claim carried out by third-parties. This includes lawyer fees, due to the non-compliance of these Terms and Conditions.
DIVISIBILITY
If any part of these Terms and Conditions is illegal, null or unenforceable, such part will be effective to the best extent possible by applicable law, and the non-effective part will be considered separate of these Terms and Conditions. Such an assessment will not affect the applicability of the other remaining provisions.
CANCELLATION
The obligations and responsibilities of the concerned parties that have incurred previously to the termination date will prevail to the termination of this agreement in all senses.
These Terms and Conditions are effective unless the User or EMERIC VISUALS conclude them. The User can always cancel these Terms and Conditions once she/he wants to stop using the service or the Website.
If it is in our professional judgment, the User cheats or, we suspect you cheat about any of these Terms and Conditions aspects; we will also be able to end the agreement with no prior notice. In this case, the User will remain responsible for the quantities up to an including termination.
FULL AGREEMENT
Our failure to exercise or assert our right on these Terms and Conditions will not constitute a waiver of such rights.
These Terms and Conditions, and policies published on the Website constitute the entire agreement between you and EMERIC VISUALS, and govern your use of this service and replace any agreements (either orally or in writing) between you and EMERIC VISUALS.
Any interpretation ambiguity on these Terms and Conditions will not be interpreted against the drafting group.
LAW
These Terms and Conditions and other agreements we provide shall be construed in accordance with and governed by laws of France.
CHANGES IN OUR TERMS AND CONDITIONS
The User can always revise our latest Terms and Conditions version on this Website.
EMERIC VISUALS has the right to update, change, modify or replace these Terms and Conditions by publishing these changes on the Website. It is the User responsibility to review the Website periodically to verify the modifications. Continued use of the Website after the publication of changes in our Terms and Conditions implies acceptance of such changes.
CONTACT INFORMATION
For further information about our Terms and Conditions, please send an email to our email address emeric@emeric-visuals.com.
