Terms and conditions of sale and use

TERMS AND CONDITIONS OF SALE AND USE

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OVERVIEW

This website is operated by MTHOR SHOP. Throughout the site, the terms “we,” “our,” and “us” refer to MTHOR SHOP. This website, including all information, tools, and services available through it, is offered by MTHOR SHOP to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms”), including those additional terms, conditions, and policies referenced herein or available by hyperlink. These Terms apply to all users of the site, including, without limitation, visitors, vendors, customers, merchants, and/or content providers.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not be able to access the website or use its services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools added to the store are also subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website after any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS OF USE

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence and that you have given us consent to allow any minor dependent to use this site.

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

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

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone at any time for any reason.

You understand that your content (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes made to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

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

Headings used in this agreement are for convenience only and will not limit or affect these Terms in any way.

SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information offered on this site is inaccurate, incomplete, or outdated. The content of this site is provided for general informational purposes only and should not be relied upon or used as the sole basis for making decisions without consulting more accurate, complete, or timely sources. Any reliance on the content of this site is at your own risk.

This site may contain historical data. By definition, historical data is not current and is provided for reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information contained herein. You acknowledge that it is your responsibility to monitor changes to our site.

SECTION 4 – SERVICE AND PRICING MODIFICATIONS

Prices of our products are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part of it) at any time without notice.

We will not be liable to you or any third party for any price changes or for any modification, suspension, or discontinuation of the Service.

Pricing Errors:

Definition of a Pricing Error: A pricing error may occur when the price displayed on the site is clearly incorrect and does not reflect the correct product price due to computer error, input error, technical issues, or pricing data communication mistakes.
Correction of Errors: We reserve the right to correct any pricing errors by notifying the customer of the error and the correct price prior to shipping. The customer can then confirm the order at the correct price or cancel it. If the customer chooses to cancel, they will receive a full refund of any amount already paid.
Order Cancellation: If a pricing error is discovered after order confirmation but before shipment, we reserve the right to cancel the order after notifying the customer. Any payment made by the customer for that order will be fully refunded.
Customer Communication: In the event of a pricing error, we commit to communicating clearly and promptly with the customer to resolve the error fairly and satisfactorily.

SECTION 5 – PRODUCTS OR SERVICES (IF APPLICABLE)

Some products or services may only be available online through the website. Quantities of these products or services may be limited, and returns or exchanges are strictly subject to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products on the store. However, we cannot guarantee that your computer display of any color will be accurate.
We reserve the right, without obligation, to limit the sale 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 products or services offered. All product descriptions and pricing are subject to change at any time, without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not guarantee that the quality of products, services, information, or other materials purchased or obtained 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 under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. If we modify or cancel an order, we may attempt to notify you by contacting the email and/or billing address or phone number provided at the time of the order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by resellers or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and any other information, including email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

All prices displayed on our site are in Euros (€) including all taxes, unless stated otherwise.

For more information, please see SECTION 8 Return Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools that we do not monitor, control, or manage.

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 endorsement. We are not responsible for any consequences resulting from your use of optional third-party tools.

Your use of any optional tools offered through the site is entirely at your own risk and discretion. Additionally, it is your responsibility to ensure you comply with any conditions under which such tools are provided by the applicable third-party provider(s) and to accept those conditions.

We may also, in the future, offer new services and/or features through the website (including the launch of new tools and resources). Such new features and/or services will also be subject to these Terms.

SECTION 8 – SHIPPING, RETURNS, EXCHANGES, CANCELLATIONS, AND ORDER MODIFICATIONS

8.1. DELAYS

If the Consumer receives a non-compliant product or if delivery exceeds 30 days, they have the right to cancel the order. This cancellation can be done by registered letter or any other written format. The Seller agrees to refund all amounts paid within 14 days.

8.2. SHIPPING METHODS

When placing an order, the Consumer may choose the delivery service of their preference. Home delivery means that the product is handed directly to the Consumer or, in their absence, to a neighbor, caretaker, or nearby collection point. The Consumer may also choose delivery to a pick-up point. Available delivery services will be indicated at the time of ordering and may vary depending on the destination country. Some services may occasionally be unavailable.

8.3. RISK DURING DELIVERY

As soon as the Consumer or a designated third party takes possession of the goods, all risk of loss or damage is transferred to them. If the Consumer chooses the delivery service, they assume the risks as soon as the product is handed over to the carrier.

8.4. RETURN CONDITIONS

Returned products must be new, in their original packaging, with all labels and accessories intact. Returns are accepted within 14 days, except for orders outside the European Union.

8.5. EXCHANGE PROCEDURE

To exchange a product, the Consumer must comply with the conditions in section 8.4. The return request must be initiated electronically within 14 days of receiving the order. Depending on the price difference of the exchanged product, additional payments or refunds may apply.

8.6. RETURNS FOR STORE CREDIT

Products returned for store credit must meet the criteria in section 8.4. Credit will be issued as a promotional code valid for one year and will not include the shipping fees of the original order.

8.7. RETURNS FOR REFUND

For refunds, products must comply with section 8.4. Refunds exclude shipping costs and any customs fees incurred during delivery. Refunds will be processed using the original payment method within 14 days of receipt and inspection of the returned product.

8.8. ORDER CANCELLATION

Order cancellations can be made electronically as long as the order status is "Sourcing in Progress…"

8.9. ORDER MODIFICATION

Order modifications can be requested electronically. If the order is already being shipped, modifications may not be possible. Depending on the price difference of the modified product, additional payments or refunds may apply.

8.10 – LEGAL WARRANTIES

All our products are covered by the statutory warranty of conformity (Articles L217-3 et seq. of the Consumer Code) and the warranty against hidden defects (Articles 1641 et seq. of the Civil Code). For any defect or non-conformity, the consumer has two years from the delivery date to obtain repair, replacement, or refund according to the law. The consumer is exempt from providing proof of non-conformity during the first 24 months following delivery of the product.

When a claim is made under one of these warranties, MTHOR SHOP will examine the product to determine whether the reported defect falls within the scope of the legal warranties, excluding cases of normal wear, misuse, or defects explicitly excluded by law. In case of disagreement, the customer retains the right to contact a mediator or the competent court.

For any warranty claims, please contact us at contact@mthorshop.com. The consumer also retains the right of withdrawal as described above.

ARTICLE 9 – FEEDBACK, USER SUBMISSIONS, AND OTHER CONTRIBUTIONS

If, at our request, you submit specific content (for example, in connection with contests), or if, without our request, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by mail, or otherwise (collectively, “Feedback”), you grant us the right, at any time, without restriction, to modify, copy, publish, distribute, translate, and use in any media all Feedback you provide. We are not and shall not be obligated to (1) maintain any Feedback in confidence; (2) pay compensation for any Feedback; or (3) respond to any Feedback.
We may, but are not obligated to, remove content and accounts containing content that we deem, in our sole discretion, to be illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms.
You agree that your Feedback must not infringe the rights of others, including copyright, trademark, privacy, personality, or any other personal or intellectual property rights. You also agree that your Feedback must not contain any unlawful, offensive, or obscene material, nor any computer virus or other harmful code that could affect the functionality of the Service or any related website. You may not use a false email address, impersonate anyone, or mislead us or third parties as to the origin of the Feedback. You are entirely responsible for all Feedback you provide and its accuracy. We disclaim all liability regarding Feedback posted by you or a third party.

ARTICLE 10 – PERSONAL INFORMATION

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

ARTICLE 11 – ERRORS, INACCURACIES, AND OMISSIONS

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

We are not obligated to update, modify, or clarify information in the Service or on any related website, including but not limited to pricing information, except as required by law. No specific date applied to the Service or any related website should be taken to indicate that all information on the Service or related website has been updated.

ARTICLE 12 – PROHIBITED USES

In addition to other prohibitions set forth in the Terms, you may not use the site or its content:
(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any local, national, international, federal, state, or provincial regulations, rules, or laws; (d) to infringe or violate our intellectual property or that of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone based on gender, sexual orientation, religion, ethnicity, 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 may be used to affect the functionality of the Service or any related website, as well as other websites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, domain hijack, solicit information, scrape, or scan the web; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent security measures of the Service or any related site, or other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for violating these prohibited uses.

ARTICLE 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

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

We do not guarantee that the results obtained from using the Service will be accurate or reliable.

You agree that, from time to time, we may remove the Service for indefinite periods or cancel the Service at any time, without notice.
You expressly agree that your use of the Service, or your inability to use the Service, is at your sole risk. The Service and all products and services delivered to you through it are (unless otherwise expressly stated) provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied, including, but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
MTHOR SHOP, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors shall not 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 loss of profits, revenue, savings, or data, replacement costs, or similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Service or any service or product obtained through the Service, or any other claim related in any way to your use of the Service or any product, including errors or omissions in content, or any loss or damage of any kind incurred as a result of using the Service or content (or product) made available through the Service, even if advised of the possibility of such damages.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions will be limited to the maximum extent permitted by law.

ARTICLE 14 – INDEMNIFICATION

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

ARTICLE 15 – SEVERABILITY

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms without affecting the validity and enforceability of the remaining provisions.

ARTICLE 16 – TERMINATION

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

These Terms shall remain in effect unless and until terminated by you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If we believe or suspect, in our sole discretion, that you have violated or acted inconsistently with any term of these Terms, we may also terminate this agreement at any time without notice. You will remain responsible for all amounts owed up to the date of termination, and we may deny you access to our Services (or any part thereof).

ARTICLE 17 – ENTIRE AGREEMENT

Any failure by us to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.

These Terms, along with any other policies or operating rules published by us on this site or concerning the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede all prior and contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any previous versions of the Terms).
Any ambiguity in the interpretation of these Terms shall not be construed against the drafting party.

ARTICLE 18 – GOVERNING LAW

These Terms and any separate agreements by which we provide you Services are governed and construed in accordance with the laws of 535 route des Lucioles, Les Acqueducs B3, Valbonne, Alpes Maritimes, 06560, France.

ARTICLE 19 – CHANGES TO TERMS OF USE

You can review the most current version of the Terms at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and/or changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website and Services after any changes constitutes acceptance of those changes.

ARTICLE 20 – CONTACT INFORMATION

Any questions regarding these Terms should be directed to contact@mthorshop.com.