GENERAL TERMS AND CONDITIONS OF SALE AND USE

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OVERVIEW

 

This website is operated by Sunday. On this website, the terms "we", "us" and "our" refer to Sunday. Sunday offers this website, including all information, tools and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting this website and/or purchasing any of our products, you are engaging in our "Service" and agreeing to be bound by the following terms ("General Terms and Conditions of sale", "Terms and Conditions of sale and use"), including any additional terms, conditions and policies referenced and/or hyperlinked herein. These Terms and Conditions apply to all users of this site, including, but not limited to, users who browse the site, are sellers, customers, merchants, and/or content contributors.

Please read these General Terms and Conditions of Sales and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these General Terms and Conditions of Sales and Use. If you do not agree to all of the terms and conditions of this agreement, then you must not access the website or use the services offered on it. If these General Terms and Conditions of Sales and Use are considered as an offer, acceptance is expressly limited to these General Terms and Conditions of Sales and Use.

All new features and tools added to this shop in the future will also be subject to these General Terms and Conditions of Sales and Use. You can view the most current version of the General Terms and Conditions of Sales and Use at any time on this page. We reserve the right to update, change or replace any part of these General Terms and Conditions of Sales and Use by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the website following the posting of any changes will mean that you accept those changes.

Our shop is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you. 

ARTICLE 1 - TERMS OF USE OF OUR ONLINE SHOP

By accepting these General Terms and Conditions of Sales and Use, you declare that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any minor in your care to use this website.

You may not use our products for any illegal or unauthorised purpose, nor may you, in using the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms, viruses or other code of a destructive nature.

Any breach or violation of these General Terms and Conditions will result in immediate termination of your Services.

SECTION 2 - TERMS AND CONDITIONS

We reserve the right to deny access to the services to any person at any time for any reason.

You understand that your content (excluding your credit card information) may be transferred unencrypted, and this involves (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements to connect networks or devices. Credit card information is always encrypted during transfers over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service or use of the service, or any access to the service or contact on the website, through which the service is provided, without prior express written permission by us.

The headings used in this agreement are included for your convenience, and will not limit or affect these Terms.

ARTICLE 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible for the accuracy, completeness or timeliness of the information available on this site. The content of this website is provided for informational purposes only and should not be relied upon as the sole basis of information for making decisions without first consulting more accurate, complete and up-to-date information sources. Any reliance on the content presented on this website is at your own risk.

This site may contain certain historical information. Such historical information, due to its nature, is not current and is provided for informational purposes only. We reserve the right to modify the content of this website at any time, but we have no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site. 

ARTICLE 4 - PRODUCT PRICES

4.1 Reference prices indicated on the sites

The reference price of the Products offered on the site is the price recommended by the brand, the manufacturer or its official representative. Otherwise, it is a price determined according to the prices at which the Product is commonly sold in a panel of retailers distributing it. This price is updated as soon as the brand, the manufacturer or its official representative communicates a new recommended price for the Product or as soon as the price applied within the panel of retailers is modified.

4.2 Modification of the prices indicated on the websites

The prices of the Products are indicated on the Product description pages. They are indicated exclusive of tax, customs duties and delivery costs. The Company reserves the right to modify the prices of the Products at any time, in compliance with the applicable legislation.

The Products ordered will be invoiced on the basis of the price in force on the site at the time the Order is validated.

4.3 Product prices

Insofar as many Products are imported from abroad (outside the European Union) at the request of Customers, the prices of Products sold through the Websites are indicated in Euros excluding taxes (excluding VAT and customs duties) unless otherwise indicated. They are precisely determined on the pages describing the Products. They are also indicated in Euros excluding tax (excluding VAT and customs duties), unless otherwise indicated, on the Product Order page, and excluding specific shipping costs.

The prices of the Products do not include import VAT, import taxes or customs duties, which must be paid in addition and shall be fully charged to the Customer, who is liable for these taxes as the recipient of the Product.

The prices of the Product(s) do not include the costs of packing, packaging, shipping, transport, insurance and delivery of the Product(s) to the delivery address.

4.4 Payment of taxes

Only the Customer is responsible for the declaration and payment of import VAT when clearing the Product through customs. The Customer may be required to pay import VAT. To the extent that the Company is not responsible for this tax, the Company shall not be liable for any refund of such tax.

For all products shipped outside the European Union and/or French Overseas Departments and Territories, the price is automatically calculated exclusive of tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be due in certain cases. The Company has no control over these duties and amounts.

They shall be borne by the Client and are the Client's responsibility (declarations, payment to the competent authorities, etc.). In this respect, the Company advises the Client to obtain information on these aspects from the relevant local authorities.

ARTICLE 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may only be available online on our website. These products or services may be available in limited quantities and may be returned or exchanged only according to our Return Policy.

We have done our best to display as accurately as possible the colours and images of our products that appear on our store. We cannot guarantee that your computer screen will display the colours accurately.

We reserve the right, but are not obligated, to limit sales of our products or services to any person, geographic area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions and product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue offering any product at any time. Any offer of service or product made on this website is void where prohibited by law.

We do not warrant that the quality of any products, services, information, or other material obtained or purchased by you will meet your expectations, or that any errors in the service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or from the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we change an order or cancel an order, we may attempt to notify you by contacting you at the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, may appear to be placed by dealers, resellers or distributors.       

You agree to provide current, complete and accurate purchase and account information for all orders placed on our shop. You agree to promptly update your account and any other information, including your e-mail address, credit card numbers and expiration dates, so that we may complete your transactions and contact you as needed.

For more details, please see our Return Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we have no follow-up, control or influence.

You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis, without any warranties, representations or conditions of any kind and without any endorsement. We shall have no legal liability arising from or related to the use of such optional third-party tools.

If you use the optional tools offered on the website, you do so at your own risk and discretion and you should consult the terms and conditions on which such tools are offered by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features on our website (including new tools and resources). These new features and services will also be subject to these General Terms of sale and use.

ARTICLE 8 - THIRD PARTY LINKS

Some content, products and services available through our Service may include elements from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not required to review or evaluate the content or accuracy of these websites, and we do not warrant or assume any responsibility for any content, website, product, service or other item accessible on or from such third-party websites.

We are not liable for any harm or damage related to the purchase or use of any goods, services, resources, content, or any other transactions made in connection with such third-party websites. Please review carefully their policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

ARTICLE 9 - USER COMMENTS, SUGGESTIONS AND OTHER SUBMISSIONS

If, at our request, you submit specific content (for example, contests entries), or if, without our request, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by mail, or otherwise (collectively, "Comments"), you grant us the unrestricted right at all times to edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you send to us. We are not and shall not be obligated to (1) maintain any comments in confidence; (2) pay compensation to anyone for any comments; or (3) respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we, in our sole discretion, believe to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these General Terms of Sales and Use.

You agree to write comments that do not violate the rights of third-parties, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. You also agree that your comments will not contain any unlawful, abusive, defamatory, offensive or obscene material, nor will they contain computer viruses or other malware that could in any way affect the operation of the Service or any associated website. You may not use a false email address, pretend to be someone you are not, or attempt to mislead us and/or third parties as to the origin of your comments. You are entirely responsible for all comments you post and their accuracy. We take no responsibility and assume no liability for any comments you post or that any other third party posts.

ARTICLE 10 - PERSONAL INFORMATION

The submission of your personal information on our shop is governed by our Privacy Policy. Click here to view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

From time to time, there may be information on our site or on the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping costs, delivery times and availability. We reserve the right to correct any errors, inaccuracies, omissions, and to change or update information or cancel orders, if any information on the Service or any associated website is inaccurate, at any time without notice (including after you have placed your order).

We undertake no obligation to update, modify or clarify any information on the Service or any related website, including but not limited to pricing information, except as required by law. No specified update or refresh date on the Service or any associated website should be taken as a basis for concluding that the information on the Service or any associated website has been modified or updated.

ARTICLE 12 - PROHIBITED USES

In addition to the prohibitions set forth in the General Terms and Conditions of Sales and Use, you are prohibited from using use the website or its contents (a) for illegal purposes; (b) to induce others to perform or participate in illegal acts; (c) to violate any regional ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe upon or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, hurt, defame, slander, libel, disparage, intimidate or discriminate against anyone on the basis of gender, sexual orientation, religion, ethnic origin, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used to compromise the functionality or operation of the Service or any associated or independent website, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, hijack, extort information, browse, explore or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We do not warrant or represent that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained through the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without prior notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services provided to you through the Service are (unless otherwise expressly stated by us) provided on an "as is" and "as available" basis for your use without representation, warranty or condition of any kind, either express or implied, including all implied warranties of merchantability or merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

In no event shall Sunday, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors be liable for any injury, loss, claim, or 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 similar damage, whether in contract, tort (even negligence), in contract, tort (including negligence), strict liability or otherwise, arising out of your use of any service or product from the Service, or for any other claim relating in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if you have been advised of the possibility of such claims arising. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Sunday, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these General Terms and Conditions of Sales and Use or the documents referenced herein, or your violation of any law or the rights of a third party.

SECTION 15 - SEVERABILITY

In the event that any provision of these General Terms and Conditions of Sales and Use shall be deemed unlawful, void, or for any reason unenforceable, that provision shall nonetheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severable from these General Terms and Conditions of Sales and Use, such severance shall not affect the validity and enforceability of any remaining provisions.

ARTICLE 16 - TERMINATION

The obligations and liabilities incurred by the parties prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms and Conditions of Sales and Use are effective unless and until terminated by either you or not. You may terminate these General Terms and Conditions of Sales and Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our website.

If we determine, in our sole discretion, that you have failed, or if we suspect that you have been unable to comply with the terms of these General Terms and Conditions of Sales and Use, we may also terminate this agreement at any time without notice to you and you will remain liable for all amounts due up to and including the date of termination, and/or we may deny you access to our Services (or any part thereof).

SECTION 17 - COMPLETENESS OF AGREEMENT

Any failure by us to exercise or enforce any right or provision of these General Terms and Conditions of Sales and Use shall not constitute a waiver of such right or provision.

These Terms and Conditions of Sales and Use or any other policies or operating rules we post on this website or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding all prior and contemporaneous communications, proposals and agreements, oral or written, between you and us (including, but not limited to, any prior version of the General Terms and Conditions of Sales and Use).

Any ambiguity in the interpretation of these General Terms and Conditions of Sales and Use shall not be construed to the detriment of the drafting party.

ARTICLE 18 - APPLICABLE LAW

These General Terms and Conditions of Sales and Use, and any separate agreements through which we provide you Services, shall be governed by and construed in accordance with the laws of Mallemort, 13370, France.

SECTION 19 - CHANGES TO THE TERMS AND CONDITIONS OF SALE AND USE

You may review the most current version of the General Terms and Conditions of Sales and Use at any time on this page.

We reserve the right, at our sole discretion, to update, modify or replace any part of these General Terms and Conditions of Sales and Use by posting updates and changes on our website. It is your responsibility to visit our website regularly to check for changes. Your continued use of or access to our site following the posting of any changes to these General Terms and Conditions of Sales and Use constitutes acceptance of those changes.

ARTICLE 20 - CONTACT DETAILS

Questions regarding the General Terms and Conditions of Sales and Use should be directed to us at 505 393 9858 or sent to contact@gymsunday.com