Terms of service
INTRODUCTION
Welcome to Lostypluch! The terms "we," "us," and "our" refer to Lostypluch. Lostypluch operates this store and website—including all information, content, features, tools, products, and services—to provide you with a carefully curated shopping experience (the "Services").
These General Terms of Use, along with any referenced policies (collectively, the "Terms of Use" or "Terms"), outline your rights and responsibilities when using the Services.
Please read these Terms of Use carefully, as they contain important information regarding 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 [LINK]. If you do not agree to these Terms or this Privacy Policy, you must not use our Services.
SECTION 1 - ACCESS AND ACCOUNT
By accepting these Terms of Use, you represent that you are of legal age in your country of residence and have consented to allow any minor children to use the Services on your devices.
To use the Services, you may be asked to provide certain information, such as your email address and your billing, payment, and shipping details. You warrant that all information provided is accurate, current, and complete.
You are solely responsible for the security of your login credentials and for any activity occurring on your account. You may not transfer, sell, or assign your account to a third party.
SECTION 2 - OUR PRODUCTS
We have made every effort to accurately represent our products and services. However, product colors and appearance may differ from their on-screen display depending on your device and its settings.
We do not guarantee that the appearance or quality of purchased products will meet your expectations or be identical to their representation on our site.
Product descriptions are subject to change at any time without notice. We reserve the right to discontinue the sale of any product and to limit the quantities available per person or per region.
SECTION 3 - ORDERS
By placing an order, you are making an offer to purchase. Lostypluch reserves the right to accept or refuse any order. Your order is accepted only upon confirmation from us and receipt of your payment.
Please check your order carefully before submitting it, as Lostypluch may not be able to cancel an order that has already been accepted. In the event of refusal or cancellation, we will notify you via email or telephone.
Your purchases are subject to our Refund Policy [LINK]. They are intended for personal use and not for commercial resale.
SECTION 4 - PRICING AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed, as indicated in your confirmation email. Unless otherwise stated, displayed prices do not include taxes, shipping costs, or customs duties.
You agree to provide accurate and complete payment information and to keep it up to date. You warrant that you are duly authorized to use the payment method provided and that the charges incurred will be honored.
SECTION 5 - SHIPPING AND DELIVERY
Lostypluch is not responsible for delivery delays. All timeframes are estimates and are not guaranteed. We are not liable for delays caused by carriers, customs, or any event beyond our control. Once the package is handed over to the carrier, the risk of loss or damage passes to the buyer. SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, text, displays, images, graphics, videos, and audio content, as well as their design and arrangement, are the property of Lostypluch, its affiliates, or its licensors, and are protected by French and international intellectual property laws.
These Terms authorize you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, download, store, or transmit any content from the Services without our prior written consent.
Lostypluch’s names, logos, product and service names, designs, and slogans are trademarks of Lostypluch or its affiliates. You may not use them without prior written authorization. All rights not expressly granted herein are reserved by Lostypluch.
SECTION 7 - OPTIONAL THIRD-PARTY TOOLS
You may have access to tools provided by third parties as part of the Services, over which we exercise no control.
You acknowledge and agree that we provide access to these tools "as is" and "as available," without any warranties or endorsements on our part. We disclaim all liability related to your use of these third-party tools.
Any use of these optional tools is entirely at your own risk. We may also, in the future, offer new features via the Services, which will also be subject to these Terms.
SECTION 8 - LINKS TO THIRD-PARTY SITES
The Services may contain links to websites or content operated by third parties. We are not responsible for the accuracy or content of these third-party sites.
If you choose to leave our Services to access these sites, you do so at your own risk. We are not liable for any damages related to your access to third-party sites, or to the purchase or use of products or services on those sites. Please carefully review the policies of these third parties before engaging in any transaction. Any claims regarding third-party products or services must be addressed directly to the relevant third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE: This section accurately describes Shopify's relationship with your store and must not be removed or modified.]
Lostypluch is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases made in our store are conducted directly with Lostypluch. By using the Services, you acknowledge that Shopify is not responsible for sales between you and Lostypluch, including any harm or loss resulting from purchased products. You expressly release Shopify and its affiliates from any claims related to your transactions with Lostypluch.
SECTION 10 - PRIVACY POLICY
All personal information collected through the Services is subject to our Privacy Policy [LINK]. Certain data may also be subject to Shopify’s privacy policy. By using the Services, you acknowledge that you have reviewed these policies.
As the Services are hosted by Shopify, Shopify collects and processes certain data regarding your use of the Services. Submitted information may be transmitted to Shopify and to third parties located in other countries. Please consult our privacy policy [LINK] for further details.
SECTION 11 - FEEDBACK AND COMMENTS
By submitting ideas, suggestions, feedback, or any other content ("Comments"), you grant us a perpetual, worldwide, royalty-free license to use, reproduce, modify, publish, and distribute such Comments in any media and for any purpose, including commercial use.
You warrant that you hold all necessary rights to your Comments and that they comply with these Terms. We are under no obligation to keep your Comments confidential, to provide compensation for them, or to respond to them.
We reserve the right to monitor, edit, or remove any Comments that we deem unlawful, offensive, defamatory, or in violation of these Terms. You are solely responsible for your Comments and their accuracy.
SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS
Typographical errors, inaccuracies, or omissions regarding product descriptions, pricing, promotions, or availability may occasionally appear on the site. We reserve the right to correct such errors and to modify or cancel orders if any information proves to be inaccurate, at any time and without prior notice.
SECTION 13 - PROHIBITED USES
You may access the Services only for lawful purposes. You are specifically prohibited from: (a) using the Services for illegal or malicious purposes; (b) violating any applicable regulations; (c) infringing upon intellectual property rights; (d) harassing, insulting, or harming anyone; (e) transmitting false or misleading information; (f) sending spam or any unsolicited advertising content; (g) impersonating any person or entity; (h) disrupting other users' use of the Services.
You are also prohibited from: (a) uploading viruses or malicious code; (b) reproducing or reselling any part of the Services; (c) collecting personal data from other users; (d) using robots, scrapers, or automated tools to access the Services; (e) bypassing the Services' security measures. We reserve the right to suspend or terminate your account in the event of a violation of these Terms.
SECTION 14 - AUTOMATED AGENTS
14.1 This section applies if you use or deploy an Agent to access the Services. An "Agent" refers to any software or service acting autonomously or semi-autonomously on behalf of a person, without direct supervision.
14.2 No Agent may access the Services without continuously complying with the requirements of section 14.4. Furthermore, no Agent may access the Services if we have requested that it refrain from doing so.
14.3 We may limit, including through technical measures, Agent access to the Services.
14.4 Agents must: (i) clearly identify themselves in all HTTP/HTTPS requests by including "Agent/[agent name]" in the user agent; (ii) not conceal the fact that they are Agents, including by imitating human behavior or bypassing CAPTCHAs; (iii) answer truthfully any question aimed at determining whether they are a human or a program; (iv) not bypass access control measures for the Services.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services at any time and without notice, at our sole discretion. You will remain liable for all amounts due up to the date of termination.
The following sections shall survive 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 provision that by its nature is intended to survive termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
Information presented via the Services is provided for general informational purposes only. We do not guarantee its accuracy, completeness, or usefulness. Any reliance on such information is at your own risk.
EXCEPT WHERE EXPRESSLY STATED BY LOSTYPLUCH, THE SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, LOSTYPLUCH, ITS PARTNERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY HARM, LOSS, CLAIM, OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES—INCLUDING LOSS OF PROFITS, REVENUE, OR DATA, OR REPLACEMENT COSTS—WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED VIA THE SERVICES.
SECTION 18 - INDEMNIFICATION
You agree to indemnify and hold harmless Lostypluch, Shopify, and their affiliates, partners, officers, employees, agents, and service providers against any loss, damage, claim, or reasonable legal fees arising from: (1) your violation of these Terms; (2) your violation of any law or the rights of a third party; (3) your access to and use of the Services.
We will notify you of any indemnifiable claim. We may handle the defense and settlement of this claim at your expense, but we will not enter into any agreement involving non-monetary obligations on your part without your consent. You agree to cooperate in the defense of indemnified claims.
SECTION 19 - SEVERABILITY
If any provision of these Terms is found to be illegal, void, or unenforceable, it shall nonetheless be enforced to the fullest extent permitted by law. The unenforceable portion shall be deemed severed from these Terms, without affecting the validity of the remaining provisions.
SECTION 20 - WAIVER AND ENTIRE AGREEMENT
Failure to exercise a right under these Terms does not constitute a waiver of that right.
These Terms, together with any policies published on this site, constitute the entire agreement between you and us regarding the use of the Services and supersede any prior agreements. Any ambiguity in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 21 - ASSIGNMENT
You may not delegate, transfer, or assign this agreement or your rights without our prior written consent; any attempt to do so shall be void. We may transfer or assign these Terms and our rights without your consent.
SECTION 22 - GOVERNING LAW
These Terms are governed by French law. Any dispute shall be subject to the jurisdiction of the courts where Lostypluch’s registered office is located.
SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and do not affect the interpretation of these Terms.
SECTION 24 - CHANGES TO TERMS
You may view the most current version of the Terms of Use at any time on this page.
We reserve the right to update or modify these Terms at any time. It is your responsibility to check this page regularly. We will notify you of any significant changes in accordance with applicable law. Your continued use of the Services following the posting of changes constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
For any questions regarding these Terms, please contact us at: objectif.independance.pro@gmail.com
Lostypluch
contact@lostypluch.com
37 rue du temple, Cabrières d'Aigues, France
0756978772