AGB
OVERVIEW
Welcome to Yochamida! The terms “we,” “our,” and “us” refer to Yochamida. Yochamida operates this store and website, including all information, content, features, tools, products, and services associated with it, in order to provide you, as a customer, with a personalized shopping experience (the “Services”). Yochamida uses the Shopify platform, which allows us to offer you the Services.
The general terms below, as well as 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 [LIEN]. If you do not agree to these Terms of Use or the Privacy Policy, you must not use or access our Services.
ARTICLE 1 - ACCESS AND ACCOUNT
By accepting these Terms of Use, you represent that you have reached the age of majority in your state or province of residence and you give us your consent to allow your minor children 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 one
of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide in our stores is accurate, up-to-date, and complete, and that you have all necessary rights to provide this information.
You are solely responsible for the security of your account credentials and any activity related to your account. You are not allowed 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 are using to access the store, as well as its settings and configuration.
We do not guarantee that the appearance or quality of the products or services you have purchased will meet your expectations or be identical to what is presented or rendered 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 withdraw a product from sale at any time and may limit the quantities of products that we offer to any one person, geographic region, or jurisdiction on a case-by-case basis.
ARTICLE 3 - ORDERS
When you place an order, you are making an offer to purchase. Yochamida reserves the right to accept or refuse your order for any reason at its discretion. Your order is not considered accepted until you receive written confirmation from Yochamida. We must receive and process your payment before your order is validated. Please carefully review your order before submitting it, as Yochamida may not be able to accommodate cancellation requests once the order is confirmed. In the event of a refusal, modification, or cancellation of your order, we will attempt to contact you using the email address, billing address, and/or phone number provided at the time of the order.
Your purchases are subject to the return or exchange conditions in accordance with our Refund Policy.
You represent and warrant that your purchases are for personal or household use and not for commercial resale or export.
ARTICLE 4 - PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the one in effect at the time of the order and will be indicated in the confirmation email of your order. Unless expressly stated otherwise, the displayed prices do not include taxes, shipping fees, handling fees, customs duties, or import fees.
The prices displayed on our online stores may differ from those offered in our physical stores or on other online platforms operated by third parties. We may offer promotions on our Services from time to time that may impact prices and are governed by terms and conditions distinct 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 information, including your email address, credit card numbers, and their expiration dates, so that we can finalize your transactions and contact you if necessary.
You represent and warrant that: (i) your credit card information is accurate, correct, and complete, (ii) you are authorized to use this card for the purchase, (iii) the charges incurred will be honored by the issuing company of your card, and (iv) you will pay the charges incurred at the displayed prices, including shipping and handling fees, as well as all applicable taxes.
ARTICLE 5 - SHIPPING AND DELIVERY
We cannot be held responsible for delivery or shipping delays. All delivery times provided are estimates and are not guaranteed. We disclaim any liability for delays caused by carriers, customs, or any events beyond our control. Once the products are handed over to the carrier, ownership and the risk of loss are transferred to you.
ARTICLE 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product notices, videos, and audio content, as well as their design, selection, and arrangement, are the exclusive property of Yochamida, its subsidiaries, or its licensors. They are protected by U.S. and foreign laws on patents, copyrights, and intellectual property.
These Terms allow you to use the Services only for personal and non-commercial purposes. You are not authorized to reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any document present on the Services without our prior written consent. Unless expressly stated otherwise in these Terms, nothing shall be interpreted as granting you a license or any other right to any patent, trademark, copyright, or other intellectual property of Yochamida, Shopify, or any third party. Any unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by Yochamida.
The names, logos, product and service names, designs, and slogans of Yochamida are trademarks of Yochamida, its subsidiaries, or its licensors. You may not use them without the prior written permission of Yochamida. 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 appearing on the Services are the trademarks of their respective owners.
ARTICLE 7 - OPTIONAL TOOLS
You may be required to use client tools provided 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 any warranty, representation, or condition of any kind, and without endorsement from us. 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 own risk and discretion. It is your responsibility to ensure that you are aware of and accept the terms applicable to these tools, as defined by the relevant third-party providers.
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 - LINKS TO THIRD PARTIES
The Services may contain documents and hyperlinks to websites provided or operated by third parties (including integrated third-party features). We are not responsible for reviewing or evaluating the content or accuracy of the documents or third-party websites 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 disclaim all responsibility for any injury or damage related to your access to third-party websites, or to the purchase or use of products, services, resources, or content on those sites. We encourage you to carefully review the policies and practices of third parties and ensure you understand them before making any transaction. Claims, complaints, concerns, or questions regarding third-party products and services should be directed to the relevant third party.
ARTICLE 9 - RELATIONSHIP WITH SHOPIFY
[NOTE AU MARCHAND : cette section décrit avec exactitude la relation entre Shopify et votre boutique et ne doit être ni supprimée ni modifiée.]
Yochamida is powered by Shopify, which allows us to offer you the Services. However, any sale or purchase made in our Store is conducted directly with Yochamida. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Yochamida, including any damage, injury, 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 transaction with Yochamida.
ARTICLE 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, available here [LIEN], and some 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 in order 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 that may be located in countries different from the one where you reside, in order to provide you with the services. Please see our privacy policy [LIEN] for more details on how we, Shopify, and our partners use your personal information.
ARTICLE 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, comments, proposals, plans, or any 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 incentive received in connection with the submission of your Feedback; (iii) your Feedback complies with these Terms. We are not and will not be obligated (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, modify, or delete any Feedback that we deem, in our sole discretion, to be illegal, offensive, threatening, defamatory, slanderous, pornographic, obscene, or otherwise objectionable, or that infringes the intellectual property rights of any party or these Terms of Service.
You agree that your Feedback does not infringe any third-party rights, including copyright, trademarks, data protection, personality rights, or other personal or property rights. You further agree that your Feedback does not contain any defamatory, illegal, abusive, or obscene statements, nor any computer virus or malware that could affect the operation of the Services or any related website. You are prohibited from using a falsified email address, impersonating someone else, or misleading us or any third parties about the origin of the Feedback. You are solely responsible for your Feedback and its accuracy. We disclaim all responsibility and cannot be held liable for Feedback published by you or by a third party.
ARTICLE 12 - ERRORS, INACCURACIES, AND OMISSIONS
The Services may occasionally contain information that has typographical errors, inaccuracies, or omissions, including regarding product descriptions, prices, promotions, offers, shipping fees, transit times, or product availability. We reserve the right to correct any error, inaccuracy, or omission, as well as to modify or update the information or to cancel orders in the event of inaccurate information, at any time and without notice (including after you have submitted your order).
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 unlawful or malicious purposes; (b) in violation of any regulation, rule, international, federal, provincial, state, or local law; (c) in a manner that infringes the intellectual property rights of Yochamida, Shopify, or third parties; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, use, or reuse any content that does not comply with these Terms; (g) to transmit or cause the transmission of any advertising or promotional material, including "spam," "chain letters," "junk mail," or any other similar solicitation; (h) to impersonate any person or entity, or attempt to do so; (i) to engage in any behavior that may restrict or inhibit the use or enjoyment of the Services by others, or that, in our discretion, may harm Yochamida, Shopify, the users of the Services, or expose them to any liability.
Furthermore, you agree not to: (a) upload or transmit viruses or any other malicious code that may affect the operation or functioning of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any part of the Services; (c) collect or track the personal information of others; (d) engage in spam, phishing, pharming, or pretexting practices via the Services; (e) use robots, spiders, scraping tools, data collection or extraction tools, automated devices, AI tools (including agentic AI), or any automated or manual means to access the Services; (f) interfere with, circumvent, or disable security or authorization features, robot exclusion headers, or any other measures we put in place to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time and without notice if we determine that you have violated any provision of these Terms.
ARTICLE 14 - AGENTS
14.1 This section ("Agent Conditions") applies if you use, authorize, enable, or cause the deployment of an Agent to access, use, or interact with the Services. An "Agent" refers to any software or service acting autonomously or semi-autonomously on behalf of a person or entity, or at their direction, and may be executed on a device owned by a person or used by them, without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless it continuously identifies itself and operates in strict compliance with the conditions set forth 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, indicate that the request comes from an Agent and disclose the name of the Agent by including the following in the user agent string: "Agent/[agent name]"; (ii) not conceal or disguise the fact that access, use, or interactions come from an Agent, including by (a) mimicking human behavior or interaction patterns, or (b) circumventing or completing CAPTCHAs or measures intended to distinguish computer use from human use; (iii) respond honestly to any question or prompt aimed at determining whether interactions come from a human or a computer; (iv) not circumvent or avoid any measures intended to block, limit, modify, or control Agents' 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 notice. You will remain liable for all amounts due up to and including the termination date.
The following items 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, as well as any other provision whose nature implies that it should survive termination.
ARTICLE 16 - EXCLUSION DE GARANTIES
The information presented on or through the Services is made available for 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
UNLESS EXPRESSLY STATED BY [MARCHAND], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY WARRANTY, REPRESENTATION 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 EXCLUSION OF IMPLIED WARRANTIES OR OTHER, SO THIS EXCLUSION MAY NOT APPLY TO YOU.
ARTICLE 17 - LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [MARCHAND], OUR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SERVICE PROVIDERS OR LICENSEES, NOR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY DAMAGES, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUES, SAVINGS, DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SERVICES OR ANY PRODUCT OBTAINED 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 ERROR OR OMISSION 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) PUBLISHED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF.
ARTICLE 18 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Yochamida, Shopify, as well as our affiliates, partners, officers, directors, employees, agents, contractors, and service providers, from any loss, damage, liability, or claim, including reasonable attorney's fees, due to a third party and arising from (1) your breach of these Terms of Use or the documents incorporated 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 warranty, provided that a failure to provide timely notice does not relieve you of your obligations, unless you suffer substantial prejudice. We may conduct the defense and settlement of any claim at your expense, including the choice of legal counsel, but we will not settle a 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 warranty, including providing relevant documents.
ARTICLE 19 - SEVERABILITY
In the event that any provision of these Terms of Use is found to be illegal, void, or unenforceable, that provision shall remain enforceable to the maximum extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these Terms of Use. Such determination shall not affect the validity or enforceability of the remaining provisions.
ARTICLE 20 - WAIVER ; ENTIRE AGREEMENT
The failure 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 Use, along with the policies or rules of use published by us on this site or related to the Service, constitute the entire agreement and understanding between you and us, and govern your use of the Service. They supersede any prior or contemporaneous agreement, communication, or proposal, whether oral or written, between you and us (including, without limitation, previous versions of the Terms of Use).
Any ambiguity in the interpretation of these Terms of Use will 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 under these Terms, without our prior written consent. Any attempt to assign without authorization will be deemed null and void. We may transfer, assign, or delegate these Terms as well as our rights and obligations without your consent or prior notice.
ARTICLE 22 - APPLICABLE LAW
These Terms of Use, as well as any separate agreement under which we provide you with the Services, will be governed by and interpreted in accordance with federal laws and the laws of the states or territories of the courts of competent jurisdiction where Yochamida is headquartered. You and Yochamida expressly consent to the territorial and personal jurisdiction of these courts.
ARTICLE 23 - HEADINGS
The headings used in this agreement are inserted for convenience and will not affect or limit the interpretation of these Terms.
ARTICLE 24 - MODIFICATION OF TERMS OF USE
You can view the most recent version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Use by posting updates and changes on our website. It is your responsibility to check our site periodically for changes. We will notify you of any substantial changes to these Terms in accordance with applicable law, and such changes will take effect on the date indicated in the notice. Your continued use or access to the Services after the posting of changes to these Terms constitutes acceptance of those changes.
ARTICLE 25 - CONTACT DETAILS
For any questions regarding these Terms of Use, please contact us at the following address : yochamida@gmail.com.
Our contact details are provided below :
[INSÉRER LE NOM COMMERCIAL]
yochamida@gmail.com
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