Terms and Conditions of Use and Sale
1. OVERVIEW
This website is operated by Alyce Designs Inc. (“Alyce”). Throughout the site, the terms “we”, “us” and “our” refer to Alyce. Alyce provides you access and use of our websites, includinghttps://alyceparis.com/ and other Internet sites, mobile applications, and social media sites operated by or for Alyce (collectively, the “Sites”), subject to your compliance with these terms and conditions of use (the “Site Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Site Terms apply to all users of the Sites, including, without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content. By accessing, browsing, and using the Sites, you agreed to be bound by the Site Terms and all applicable law. If you do not agree to be bound by the Site Terms and applicable law each time you use the Sites or you do not have the authority to agree to or accept these Site Terms, you may not use the Sites.
Please read these Site Terms carefully before accessing or using our Sites. The Site Terms apply exclusively to your access to, and use of, the Sites and do not alter in any way the terms or conditions of any other agreement you may have with Alyce.
Alyce has adopted a Privacy Policy that you should refer to in order to fully understand how we use and collect information. To learn about Alyce’s privacy practices, please refer to the Privacy Policy section of the Sites (https://alyceparis.com/pages/privacy-policy).
Alyce reserves the right to modify the Site Terms in our sole discretion from time to time and only Alyce has the right to do so. If the Site Terms are changed, we will post the new terms on the Sites and note the date they were last updated. Any changes or modifications will be effective upon posting of the Site Terms as revised, and your use of the Sites following the posting will constitute your acceptance of the new Site Terms. Any new features or tools which are added to the Sites shall also be subject to the Site Terms. You can review the most current version of the Site Terms at any time on this page.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Site Terms.
All sales of goods (collectively, “Products”) by Alyce to any individual or entity are subject to and governed by these Site Terms. No addition or alteration to these Site Terms shall be valid or enforceable unless specifically agreed to in writing by Alyce. No terms or conditions appearing in any confirmation or other document furnished by Alyce or on behalf of Alyce that are in variance or conflict with these Site Terms will be binding upon Alyce or be deemed part of these Site Terms, and any such terms or conditions in variance or conflict with these Site Terms will be deemed null and void and waived by you.
[Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our Products and services to you.]
2. UNITED STATES USAGE
The Site is operated by a U.S. entity and is governed by the state and federal laws of the United States. The laws of your jurisdiction may be more or less strict than the laws that apply to the Sites. If you access the Sites from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
You may not use the Sites or our services if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the government of the country where you are accessing the Sites or using our services. You are responsible for compliance with all U.S. or other export and re-export restrictions that may apply to goods, software, technology and services.
3. LICENSE AND SITE ACCESS
Alyce grants you a limited license to make personal use only of the Sites. Such grant does not include, without limitation: (a) any resale or commercial use of the Sites or any Site Materials (defined below); (b) modification, adaptation, translation, reverse engineering, decomplication, disassembly or conversion into human readable form any of the Site Materials not intended to be so read, including use of or directly viewing the underlying HTML or other code from the Sites except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any Site Materials (including any Alyce marks or copyrights) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions; (e) making derivative uses of the Sites and any Site Materials; or (f) use of any data mining, bots, spiders, automated tolls or similar data gathering and extraction methods, directly or indirectly, on the Site Materials or to collect any information from the Sites or any other user of the Sites. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of Alyce or any third party. You may not use any meta tags or any other “hidden text” utilizing Alyce’s name, marks, or product name without our express written consent. “Site Materials” means all materials on the Sites, including, without limitation, marks, design, product description, HTML text, graphics, other files, photographs, codes, software layout, design forms and the selection and arrangement thereof.
We may terminate this license and your use of or access to the Sites if you make or permit any unauthorized use of the Sites. Such actions by you may violate applicable law, including, without limitation, copyright laws, trademark laws (including trade dress), and communications regulations and statutes. We reserve the right to have all violators prosecuted to the fullest extent of the law.
4. PROHIBITED USES
In addition to other prohibitions as set forth in the Site Terms, you are prohibited from using the Sites or their content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to collect or track the personal information of others; (h) to disseminate any harmful content of any kind, including, without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; or (k) to interfere with or circumvent the security features of the Sites. We reserve the right to terminate your use of the Sites for violating any of the prohibited uses.
5. CHANGES, MISPRINTS, ERRORS AND CANCELLATIONS
Subject to applicable law, we: (a) reserve the right to change the goods and services advertised or offered for sale through the Sites, the prices or specifications of such goods and services, and any promotional offers and any other Site Materials at any time and from time to time without any notice or liability to you or any other person; (b) cannot guarantee that goods or services advertised or offered for sale on the Sites will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale; (d) do not warrant that the Site Materials (including without limitation product descriptions or photographs) are accurate, complete, reliable, current or error-free; and (e) reserve the right to cancel, to terminate or not to process orders (including accepted orders) where the price or other material information on the Sites is inaccurate or when we recognize abuse of our policies. If we do not process an order for such reason, we will advise you that the order has been cancelled and will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers or certain implied warranties, so some of the provisions of this section may not apply to you. Where required by law, taxes applicable to merchandise you are purchasing will be added to your order.
The Site Materials are provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on the Sites is at your own risk.
6. PRICING; PAYMENT TERMS
Prices on Products are exclusive of all city, state, and federal excise taxes of any type or nature, including, without limitation, taxes on manufacture, sales, receipts, gross income, personal property, occupation, use and similar taxes. Wherever possible, any tax or taxes will be added to the purchase price as a separate charge to be paid by you. All prices, terms and conditions of sale are subject to change without notice.
7. ACCURACY OF BILLING & 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 at any time prior to delivery of Products, without liability of any kind to Alyce. These restrictions may include orders placed by or under 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 make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made on our Sites. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
[For more detail, please review our Returns Policy.]
8. RISK OF LOSS
All purchases from Alyce are made pursuant to a shipment contract. This means the risk of loss and title for such items pass to you upon our delivery to the carrier. You shall bear all of the risk of loss with respect to the Products while in transit and, without limiting Alyce’s rights, you shall be responsible for pursuing all claims with the carrier or the carrier’s insurance. Alyce reserves the right of carrier selection.
9. PASSWORDS AND SECURITY
If you use a password to access the Sites or any portion of it, then you are responsible for maintaining the confidentiality of the password and for restricting access to the device you use to access the Sites, and you agree to accept responsibility for all activities that occur on your account or with your password. In the event that the confidentiality of your account or password is compromised in any manner, you will notify Alyce immediately. Alyce reserves the right to take any and all action, as it deems necessary or reasonable to maintain the security of the Sites and your account, including, without limitation, terminating your account, changing your password or requesting information to authorize transaction on your account. While Alyce takes prudent steps to protect your account and the Sites, it cannot protect your information outside of the Sites. For example, when Alyce communicates with you via unencrypted email from time to time, the communication is not secure, is not stored securely, and the information contained may be viewed by others. You acknowledge that by requesting information by email, you agree that we may transmit it to you from time to time and store it in an unencrypted form and manner. Alyce may rely on the authority of anyone accessing your account or using your password and in no event will Alyce be held liable to you for any liabilities or damage resulting from or arising out of (i) any action or inaction of Alyce under this provision; (ii) any compromise of the confidentiality of your account or password; and (iii) any unauthorized access to your account or use of your password.
10. INTELLECTUAL PROPERTY
All Site Materials are owned by us and others and are protected by United States and international copyright, trademark and other laws. All page headers, custom graphics, button icons, and scripts are trademarks, and/or trade dress of Alyce, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Alyce. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners. Except as stated in the Site Terms, none of the materials and intellectual property described in these Site Terms (including Site Materials) may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Alyce or the respective intellectual property owner. You may electronically copy and print to hard copy portions of the Sites for the sole purpose of using material it contains for informational and non-commercial, personal use only. Any other use of the materials in the Sites (including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance), without the prior written permission of Alyce, is strictly prohibited.
11. SOFTWARE
Any software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively “Software”), that may be made available on the Sites is licensed to you by Alyce on a non-exclusive and limited basis. Alyce shall retain full and complete title and all intellectual property rights to Software. You shall not copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.
12. THIRD PARTY TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Sites (including the release of new tools and resources). Such new features and/or services shall also be subject to these Site Terms.
13. HYPERLINKS
Alyce makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites accessible by hyperlink from the Sites, or websites linking to the Sites.
14. SUBMISSIONS
You agree that any materials, including, but not limited to, questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information provided by you in the form of email or submissions to Alyce, or postings on the Sites (“Submissions”) are non-confidential (subject to our Privacy Policy) and that you remain solely responsible and liable for your Submissions. You further hereby grant (or warrant that the owner of the Submissions has granted) to us and our assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any idea, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on our part or of our assigns, and you hereby waive all moral rights, or agree, represent and warrant that all moral rights in the Submissions (including, without limitation, the rights of paternity, attribution and integrity) are irrevocably waived, in favor of us and our assigns.
All access to and use of the Sites are governed by and subject to the Site Terms. We have the right, but not the obligation, to monitor any activity and content associated with interactive areas of the Sites. We may access at any time and use internally for any lawful purpose information stored on our systems, including the content of any emails or other communications. We may disclose such information to any third-party including law enforcement agencies to protect our rights or property in response to legal process, or in good faith belief that such disclosure is justified or required in an emergency situation. We may investigate any reported violation of our policies or complaints and take any appropriate, including, but not limited to, issuing a warning, suspending or terminating your access and use of the Sites and related services at any time, and blocking, removing or editing any communication and materials that Alyce believes in its sole discretion may violate applicable law, the Site Terms or a third party’s rights. Alyce takes no responsibility and assumes no liability for any content posted or uploaded by you or a third party or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
You represent and warrant that you have and will retain all rights necessary to grant the licenses to Alyce under these Site Terms. You remain solely liable for the content or other information you upload or transmit to the interactive areas of the Sites. You agree to indemnify and hold harmless Alyce and its employees, agents and representatives from any third-party claim, action, demand, loss, or damages (including attorneys’ fees) arising out of or relating to your conduct, your actual or attempted violation of these Site Terms or any applicable law, your Submissions, your violation of any rights of a third party, or the acts or omissions of a third party who has authority to access or use the Sites on your behalf or arising out of your violation of these Site Terms.
15. CHILDREN
By accessing or using the Sites, you represent that you are at least the age of majority in your jurisdiction. The Sites are designed for and intended for use by adults. If you are under the age of majority in your jurisdiction, you may use the Sites only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of the Sites by children, minors and others under your care. You agree to be responsible for their use of the Sites.
16. DISCLAIMER
THE SITES, THE SITE MATERIALS AND THE PRODUCTS PROVIDED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALYCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGMENT WITH RESPECT TO THE SITES AND SITE MATERIALS, CONTENT, SERVICES AND PRODUCT ON THE SITES. ALYCE DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. ALYCE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. ALYCE DOES NOT REPRESENT OR WARRANT THAT THE SIETES OR THEIR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE THE SITES, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THORUGH THE SITES IS AT YOUR SOLE RISK.
FURTHERMORE, THE SITES, THE SITE MATERIALS AND THE PRODUCTS PROVIDED HEREIN ARE PROVIDED WITH THE UNDERSTANDING THAT ORDERS ARE NOT MADE PURSUANT TO ANY COVERED FEDERAL, STATE OR LOCAL GOVERNMENT CONTRACT THAT WOULD IMPOSE GOVERNMENT CONTRACTING OBLIGATIONS ON ALYCE BY NATURE OF THIS SALE. ANY ITEMS PROVIDED IN CONNECTION WITH THIS PURCHASE ARE NOT INTENDED FOR DISTRIBUTION OR RESALE TO ANY FEDERAL, STATE OR LOCAL GOVERNMENT AGENCIES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Alyce.
17. LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ALYCE OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO ALYCE’S OPERATION OF, OR YOUR USE OF, THE SITES, EVEN IF ALYCE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBLILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ALYCE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO ALYCE’S OPERATION OF THE SITES SHALL NOT EXCEED AN AMOUNT EQUAL TO PRICE OF THE PRODUCT ACTUALLY RECEIVED, IF ANY, EXCLUSIVE OF VAT OR OTHER TAXES, CHARGED BY ALYCE AND PAID BY, THE CUSTOMER.
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABLITY FOR THE GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT OR FRAUD OF ALYCE IN CONNECTION WITH OPERATING THE SITES.
18. APPLICABLE LAW, VENUE AND LIMITATION ON ACTIONS
These Site Terms shall be governed by and construed in accordance with the laws of the State of Illinois applicable to agreements made and entirely performed within Illinois, without resort to its conflict of law provisions. Regardless of where you access the Sites, you agree that any action at law or in equity arising out of or relating to the Site Terms shall be filed and adjudicated only in the federal or state courts located in Chicago, Illinois, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of the Site Terms.
19. TERMINATION
Notwithstanding any of the Site Terms, Alyce reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites, and to block or prevent future access to and use of the Sites if you violate any of these Site Terms or Alyce’s policies. Upon termination, these Site Terms shall still apply.
20. CONSENT TO ELECTRONIC COMMUNICATION
When you visit the Sites, contact us or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email. You agree that we may treat specific actions by you, such as checking boxes to receive email updates, sending us an email directly or through the Alyceparis.com site, providing an email address in a Submission, or leaving a telephone message with an email address for customer service to respond to a query, as a request that we communicate personal financial information with you by unencrypted email. You acknowledge and agree that unencrypted email sent over the Internet is not secure and may be read by others, and you agree that when you request that we send you email you are authorizing us to transmit and disclose your information (including your personal financial information) from time to time in an unencrypted manner. You further acknowledge that emails sent with this information are not stored in a secure manner. Your options, including your right to opt-out of receiving certain kinds of emails from us, are further described in our Privacy Policy.
21. ENTIRE AGREEMENT
These Site Terms and any policies or operating rules posted by us on the Sites constitutes the entire agreement and understanding between you and us and govern your use of the Sites, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Site Terms).
22. LEGAL EQUIVALENCY
This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing: (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
23. SEVERABILITY
If any provision of the Site Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
24. WAIVERS
No waiver, express or implied, by either party of any breach of or default under these Site Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
25. CONTACT US
If at any time you need assistance or are experiencing difficulties using the Sites, please contact us via phone or write to us at: Attn: Alyce Paris, 201 Crossen Ave, Elk Grove Village, Illinois, United State 60007.
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