Terms of service
OVERVIEW
Welcome to KURSSEL! The terms ‘we,’ ‘us,’ and ‘our’ refer to KURSSEL. KURSSEL operates this shop and website, including all information, content, features, tools, products and related services, in order to provide you, the customer, with a personalised shopping experience (hereinafter referred to as the ‘Services’). KURSSEL is a shop powered by Shopify, which allows us to provide you with the Services.
The Terms and Conditions of Use below, as well as 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 with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy https://kurssel.com/policies/privacy-policy
If you do not agree to these Terms of Service or this Privacy Policy, you must not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you agree to allow any minor dependents to use the Services on devices that 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 email address, billing, payment and shipping information. You represent and warrant that all information you provide in our stores is accurate, 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 credentials and for all activities that occur under your account. You may not transfer, sell, assign or grant your account to another person.
SECTION 2 – OUR PRODUCTS
We have endeavoured to provide an accurate representation of our products and services in our online stores. However, please note that the colours 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, your device settings and configuration.
We do not guarantee 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 remove 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. KURSSEL reserves the right to accept or refuse your order for any reason at its discretion. Your order is not accepted until My Store 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 KURSSEL may not be able to accommodate 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 email address, billing address and/or telephone number provided at the time of the order.
Your purchases may be returned or exchanged only in accordance with our Refund Policyhttps://kurssel.com/policies/refund-policy
You represent and warrant that your purchases are for your personal or domestic use and not for commercial resale or export.
SECTION 4 – PRICES 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 email. Unless otherwise stated, prices shown do not include taxes, shipping and handling charges, customs or import duties.
The prices displayed in our online stores may differ from the prices offered in physical stores or in online stores or other stores operated by third parties. We may, from time to time, offer promotions on the Services that may affect prices and are governed by separate Terms and Conditions of Use from these Terms. In the event of a 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 email address, credit card numbers and expiry dates, so that we can 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 authorised to use this credit card for the purchase, (iii) the amounts charged to you will be honoured by your credit card institution, and (iv) you will pay the amounts charged to you at the prices displayed, 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, trade names, text, displays, images, graphics, product reviews, videos, and audio, as well as the design, selection, and arrangement thereof, are the property of KURSSEL, its affiliates, or its licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms authorise you to use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store or transmit the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed to grant any licence or other rights to you under any patent, trademark, copyright or other intellectual property of KURSSEL, Shopify or any third party. Unauthorised use of the Services may constitute a violation of federal and
national intellectual property laws. All rights not expressly granted herein are reserved by KURSSEL.
The names, logos, product and service names, designs, and slogans of KURSSEL are trademarks of KURSSEL or its affiliates or licensors. You must not use these trademarks without the prior written consent of KURSSEL. The name, logo, product and service names, designs and slogans of Shopify 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 ‘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 the optional tools offered on the site is entirely at your own risk and discretion, and you must ensure that you are familiar with and approve of the terms and conditions under which the tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). These new features should also be considered part of the Services and will be subject to these Terms of Service.
SECTION 8 – LINKS TO THIRD PARTIES
The Services may contain documents and hyperlinks to websites provided or operated by third parties (including any integrated third-party features). We are not responsible for reviewing or evaluating the content or accuracy of any documents or websites of third parties that you choose to access.
If you decide to leave the Services to access such materials or third-party sites, you do so at your own risk. We are not liable for any harm or damage related to your access to third-party websites, or your purchase or use of any products, services, resources or content on third-party websites.
Please review the policies and practices of third parties and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding the products and services of third parties should be directed to the third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
kurssel.com is powered by Shopify, which allows us to provide the Services to you. However, the sales and purchases you make in our Store are made directly with KURSSEL. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and KURSSEL, including any harm or damage to, or loss of, products purchased. You hereby expressly release Shopify and its affiliates from any claims, damages, and liability arising from your purchases and transactions with KURSSEL or related thereto.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be found here https://kurssel.com/policies/privacy-policy, and certain personal information may be subject to Shopify's Privacy Policy, which can be found here. By using the Services, you acknowledge that you have read these privacy policies.
Since 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 you with the Services and to improve them. 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 your country of residence, in order to provide you with services. Please see our privacy policy https://kurssel.com/policies/privacy-policy for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 – FEEDBACK
If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, opinions, proposals, packages or other content (collectively, ‘Feedback’), you grant us a perpetual, worldwide, sublicensable, and royalty-free licence to use, reproduce, modify, publish, distribute, and display such Feedback on any medium and for any purpose, including commercial purposes. We may, for example, use the rights granted to us under this licence to operate, provide, evaluate, enhance, improve and promote the Services, as well as to fulfil 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 inducement received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We have and will have no obligation (1) to maintain the confidentiality of your Feedback; (2) to pay you any compensation for your Feedback; or (3) to respond to your Feedback.
We may, without obligation, monitor, edit or remove Feedback that we determine, in our sole discretion, to be illegal, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or that violates the intellectual property of any party or these Terms of Service.
You agree that your Feedback does not violate any third party rights, including copyrights, trademarks, privacy, personality or other personal or proprietary rights. You also agree that your Feedback will not contain defamatory or otherwise illegal, abusive or obscene material, or 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 email address, pretend to be someone other than yourself, or mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you provide and its accuracy. We take 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 charges, 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 without prior notice (including after you have submitted your order).
SECTION 13 – PROHIBITED USES
You may access and use the Services only 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 international, federal, provincial or national regulations, rules, laws or local ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, receive, upload, download, use or reuse any material that does not comply with these Terms; (g) to transmit or arrange for the transmission of any advertising or promotional material, including any ‘junk mail,’ ‘chain letters,’ ‘spam’ or any other similar solicitation; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any other conduct that restricts or inhibits the use or enjoyment of the Services by anyone, or which, in our sole discretion, may harm or expose KURSSEL, Shopify or users of the Services to liability.
In addition, you agree not to (a) upload or transmit any viruses or other types 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 part of the Services; (c) collect or track the personal information of others; (d) send spam, phishing, pharming, pretexting, robot, collector, or scraping; or (e) interfere with or circumvent the security features of the Services or any associated website, other websites, or the Internet. We reserve the right to suspend, disable, 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 provision that, by its nature, should survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
The information presented on or through the Services is provided solely for general information purposes. We do not warrant 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 the reliance placed on such information by you or any other visitor to the Services, or any other person who is informed of its contents.
EXCEPT AS EXPRESSLY STATED BY My Store, 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 OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 – LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KURSSEL, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL 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, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, RESULTING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT OBTAINED BY USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR MADE AVAILABLE THROUGH THE SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless KURSSEL, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any loss, damages, liabilities, or claims, including reasonable attorneys' fees, payable to any third party arising out of or in connection with (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, provided that failure to notify you promptly will not relieve you of your obligations unless you suffer significant 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 any indemnified claims, including by providing relevant documents.
SECTION 18 – SEVERABILITY
If any provision of these Terms of Service is found to be illegal, invalid or unenforceable, that provision will nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed deleted from these Terms of Service, without affecting the validity and enforceability of the 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 in respect to 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 hereunder without our prior written consent, and any such attempt shall 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 – GOVERNING LAW
These Terms of Service and any separate agreement by which we provide Services to you shall be governed by and construed in accordance with the laws of the federal and state or territorial courts in the jurisdiction where KURSSEL has its registered office (Paris, France). You and KURSSEL agree to the venue and personal jurisdiction of these courts.
SECTION 22 – HEADINGS
The headings used in this agreement are for convenience only and do not limit or affect these Terms.
SECTION 23 – CHANGES TO TERMS OF SERVICE
You can view the most recent version of the Terms of Service at any time on this page.
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 to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services after any changes to these Terms of Service are posted constitutes acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
Questions regarding the Terms of Service should be sent to us at admin@kurssel.com.
Our contact information is listed below:
KURSSEL
8 BIS RUE ABEL 75012 PARIS
Intra-Community VAT Number: FR06938599255