Conditions of use
OVERVIEW
Welcome to YY Vertical ! The terms "we", "us" and "our" refer to YY Vertical. YY Vertical operates this store and website, including all related information, content, features, tools, products and services to provide you, our customer, with a personalized shopping experience (hereinafter the "Services"). YY Vertical is a store powered by Shopify, which enables us to provide you with the Services.
The following Terms of Service and all related policies (the "Terms of Service" or "Terms") describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as disclaimers and limitations of liability.
By visiting, interacting or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you must not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you give us your consent to allow any minor dependent of yours to use the Services on the devices you own, purchase or manage.
To use the Services, including to access or browse our online stores, or to purchase any of the products or services we offer, you may be asked to provide certain information, such as your e-mail address, billing, payment and shipping information. You represent and warrant that all information you provide in our stores is correct, current and complete and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account information and all activity under your account. You may not transfer, sell, assign or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that the colors or appearance of products may differ from how they appear on your screen due to the type of device you use to access the store, and the settings and configuration of your device.
We do not warrant that the appearance or quality of the products or services you purchase will meet your expectations or be the same as described or rendered in our online stores.
All product descriptions are subject to change at any time and without notice, at our sole discretion.
We reserve the right to discontinue any product at any time and may limit the quantities of any product we offer to any person, geographic region or jurisdiction on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. YY Vertical reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until YY Vertical has confirmed its acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as YY Vertical may not be able to respond to cancellation requests after an order has been accepted. In the event that we do not accept, modify or cancel an order, we will attempt to notify you by contacting the e-mail address, billing address and/or telephone number provided at the time of ordering.
Your purchases can only be returned or exchanged in accordance with our Refund Policy.
You represent and warrant that your purchases are for your personal or household use and not for commercial resale or export.
SECTION 4 - PRICING AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be indicated in your order confirmation e-mail. Unless otherwise indicated, prices do not include taxes, shipping and handling, customs or import duties.
Prices displayed in our online stores may differ from prices offered in physical stores or in online or other stores operated by third parties. We may, from time to time, offer promotions on the Services which may affect prices and which are governed by terms and conditions of use separate from these Terms. In the event of any conflict between the terms of a promotion and these Terms, the terms of the promotion shall 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 account and other information, including your e-mail address, credit card numbers and expiration dates, so that we may complete your transactions and contact you if necessary.
You represent and warrant that (i) the credit card information you provide is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) the amounts charged by you will be honored by your credit card institution, and (iv) you will pay the amounts charged by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All shipping times are estimates and are not guaranteed. We are not responsible for delays caused by freight carriers, customs processing or events beyond our control. Once we transfer the products to the carrier, title and risk of loss pass to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, registered trademarks, text, displays, images, graphics, product notices, video and audio, and the design, selection and arrangement thereof, are the property of YY Vertical, its affiliates or its licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms authorize you to use the Services for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, upload, store or transmit any material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting any license or other rights to you under any patent, trademark, copyright or other intellectual property of YY Vertical, Shopify or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws.
All rights not expressly granted herein are reserved to YY Vertical.
YY Vertical names, logos, product and service names, designs and slogans are trademarks of YY Vertical or its affiliates or licensors. You may not use these trademarks without the prior written consent of YY Vertical. The Shopify name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may have access to customer tools offered by third parties as part of the Services, which we do not monitor and over which we have no control or influence.
You acknowledge and agree that we provide access to these tools on an "as is" and "as available" basis without any warranties, representations or conditions of any kind and without endorsement. We disclaim all liability arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered on the Site is entirely at your own risk and discretion, and you must ensure that you are aware of and agree to the terms and conditions under which the tools are provided by the relevant third party supplier(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be considered part of the Services and shall be subject to these Terms of Service.
SECTION 8 - LINKS TO THIRD PARTIES
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access such third-party documents or sites, you do so at your own risk.
We are not responsible for any harm or damage related to your access to third-party websites, or your purchase or use of products, services, resources or content on third-party websites. Please review the policies and practices of third parties carefully and ensure that you understand them before engaging in any transactions. Complaints, claims, concerns or questions regarding third party products and services should be directed to the applicable third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
YY Vertical is powered by Shopify, which enables us to provide you with the Services. However, the sales and purchases you make in our Store are made directly with YY Vertical. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and YY Vertical, including any harm, damage or loss resulting from the products and services purchased. You hereby expressly release Shopify and its affiliates from any and all claims, damages and liability arising out of or relating to your purchases and transactions with YY Vertical .
SECTION 10 - PRIVACY POLICY
Any personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here, and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services to you. The information you submit to the Services will be transmitted to and shared with Shopify, as well as with third parties who may be located in countries other than the one in which you reside, in order to provide you with Services. See our Privacy Policy for more details on how we, Shopify and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, publish, e-mail or otherwise transmit any ideas, suggestions, feedback, opinions, proposals, packages or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium and for any purpose, including commercial purposes. We may, for example, use the rights granted to us under this license to operate, provide, evaluate, enhance, improve and promote the Services, and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain the confidentiality of your Feedback; (2) to pay any compensation for your Feedback; or (3) to respond to your Feedback.
We may, but are not obligated to, monitor, edit or delete Feedback that we deem, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, publicity or any other personal or proprietary right. You also agree that your Feedback will not contain any defamatory or otherwise unlawful, abusive or obscene language, computer viruses or other malicious software that could in any way affect the operation of the Services or any related website. You may not use a false e-mail address, pretend to be someone other than yourself or mislead us or others as to the origin of any Feedback. You are solely responsible for any Feedback you provide and its accuracy. We assume no responsibility for any Feedback posted by you or any third party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Information on or in the Services may contain 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 or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time and without notice (including after you have submitted your order).
SECTION 13 - PROHIBITED USES
You may only access and use the Services for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any illegal or malicious purpose; (b) to violate any regulation, rule, international, federal, provincial or national law, or any local ordinance; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, libel, intimidate or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use or reuse any material that does not comply with these Terms; (g) to transmit or ensure the transmission of any advertising or promotional material, including any "junk mail," "chain letters," "spam" or similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits any other person's use or enjoyment of the Services, or that we believe may harm or expose YY Vertical, Shopify or users of the Services to liability.
In addition, you agree not to (a) upload or transmit viruses or any other type of malicious code that will or may be used in a manner that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, bot, harvest, or scrap; or (e) interfere with or bypass the security features of the Services or any associated web site, other web sites or the Internet. We reserve the right to suspend, deactivate or terminate your account at any time, without notice, if we believe that you have violated any part of these Terms.
SECTION 14 - TERMINATION
We may terminate this Agreement or your access to the Services (or any part thereof) at our sole discretion, at any time and without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply after any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Applicable Law, Privacy Policy, and any other provisions which by their nature should survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or via the Services is provided for general information purposes only. We do not guarantee the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from any reliance placed on such content by you or any other visitor to the Services, or by any other person informed of the content of the Services.
Unless expressly stated by YY Vertical, the services and all products offered through the services are provided "as is" and "as available" for your use, without any representation, warranty, 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 disclaimer of implied warranties or other limitations, so the above disclaimer may not apply to you.
SECTION 16 – LIMITATION OF LIABILITY
To the extent permitted by law, in no event shall YY Vertical, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, or those of Shopify and its affiliates, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any other similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Services or any products obtained using the Services, or for any other claim related in any way to your use of the Services or any products, 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 Services or any content (or product) posted, transmitted, or otherwise made available through the Services, even if you have been advised of their possibility.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless YY Vertical, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against any and all losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, it being understood that failure to give prompt notice will not relieve you of your obligations unless you suffer substantial prejudice. We may control the defense and settlement of such claim at your expense, including the selection of counsel, but we will not settle any claim requiring non-monetary obligations on your part without your consent (which shall not be unreasonably withheld). You will cooperate in the defense of indemnified claims, including providing relevant documentation.
SECTION 18 - SEVERABILITY
If any provision of these Terms of Service shall be deemed unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed deleted from these Terms of Service, without affecting the validity and enforceability of any remaining provisions.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or regarding the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, without limitation, all prior versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the party who drafted them.
SECTION 20 - 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, and any such attempt will be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 21 - APPLICABLE LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where YY Vertical is headquartered. You and YY Vertical consent to the venue and personal jurisdiction of such courts.
SECTION 22 - TITLES
The headings used in this Agreement are for convenience only and are not intended to limit or affect these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can consult the most recent version of the Terms of Service on this page at any time.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website regularly for changes.
We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will become effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service shall constitute your acceptance of such changes.
SECTION 24 - CONTACT INFORMATION
Questions regarding the Terms of Service should be sent to us at hello@yyvertical.com.
Our contact details are listed below:
YY Vertical
SHOP@YYVERTICAL.COM
312 RUE DES MEUNIERES, 38660 SAINT-VINCENT-DE-MERCUZE
04 58 00 54 59
SIREN: 808516231
VAT NUMBER: FR73808516231
