Terms of service

OVERVIEW

Welcome to Aqualys! The terms “we”, “our” and “us” refer to Aqualys. Aqualys operates this shop and this website, including all associated information, content, features, tools, products and services, in order to provide you, as a customer, with a personalised shopping experience (the “Services”). Aqualys uses the Shopify platform, which enables us to provide you with the Services.
The terms and conditions below, together with the policies referred to therein (the “Terms of Use” or “TOU”), set out your rights and responsibilities when using the Services.
Please read these Terms of Use carefully, as they contain important information about your legal rights, including disclaimers of warranty and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Use and our Privacy Policy /policies/privacy-policy. If you do not agree to these Terms of Use or the Privacy Policy, you must not use or access our Services. 

ARTICLE 1 - ACCESS AND ACCOUNT

By accepting these Terms of Use, you represent that you have reached the age of legal majority in your state or province of residence and you give us your consent to allow your minor children to use the Services on devices that you own, purchase or manage.
To use the Services, including to access or browse our online shops 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 delivery details. You represent and warrant that all information you provide in our online shops is accurate, up to date and complete, and that you have all necessary rights to provide such information.
You are solely responsible for the security of your account credentials and for all activity associated with your account. You are not permitted to transfer, sell, assign or licence your account to another person.

ARTICLE 2 - OUR PRODUCTS

We have made every effort to present our products and services accurately in our online shops. Please note, however, that the colours or appearance of the products may differ from what is displayed on your screen due to the type of device you use to access the shop, as well as its settings and configuration.
We do not guarantee that the appearance or quality of the products or services you have purchased will meet your expectations or be identical to what is presented or displayed in our online shops.
All product descriptions are subject to change at any time, without notice, at our sole discretion. We reserve the right to withdraw a product from sale at any time and may limit the quantities of products we offer to any one person, geographical region or jurisdiction, on a case-by-case basis.

ARTICLE 3 - ORDERS

When you place an order, you are making an offer to purchase. Aqualys reserves the right to accept or refuse your order, for any reason whatsoever, at its discretion. Your order is only considered accepted upon written confirmation from Aqualys. We must receive and process your payment before your order is confirmed. Please check your order carefully before submitting it, as Aqualys may not be able to accept cancellation requests once the order has been confirmed. In the event of a refusal, modification or cancellation of your order, we will attempt to contact you using the email address, billing address and/or telephone number provided at the time of ordering.
Your purchases are subject to the return or exchange conditions in accordance with our Refund Policy /policies/refund-policy.
You represent and warrant that your purchases are intended for personal or domestic use, and not for commercial resale or export.

ARTICLE 4 - PRICES AND INVOICING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in force at the time of the order and will be stated in your order confirmation email. Unless otherwise expressly stated, the prices displayed do not include taxes, delivery charges, handling fees, customs duties or import charges.
The prices displayed on our online shops may differ from those offered in our physical stores or on other online platforms operated by third parties. We may, from time to time, offer promotions on our Services which may affect prices and which are governed by terms and conditions separate 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 shops. You undertake to update your information promptly, including your email address, credit card numbers and their expiry dates, so that we can complete your transactions and contact you if necessary.
You represent and warrant that: (i) your credit card details are accurate, correct and complete, (ii) you are authorised to use this card for the purchase, (iii) the charges incurred will be honoured by your card issuer, and (iv) you will pay the charges incurred at the prices displayed, including delivery and handling charges, as well as all applicable taxes.

ARTICLE 5 - SHIPPING AND DELIVERY

We cannot be held liable for delays in delivery or dispatch. All delivery times stated are estimates and are not guaranteed. We accept no liability for delays caused by carriers, customs formalities or any event beyond our control. Once the products have been handed over to the carrier, ownership and the risk of loss are transferred to you.

ARTICLE 6 - INTELLECTUAL PROPERTY

Our Services, including, without limitation, all trademarks, trade names, text, displays, images, graphics, product reviews, videos and audio content, as well as their design, selection and arrangement, are the exclusive property of Aqualys, its subsidiaries or its licensors. They are protected by US and foreign patent, copyright and intellectual property laws.
These Terms authorise you to use the Services solely for personal, non-commercial purposes. You are not permitted to reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store or transmit any material on the Services without our prior written consent. Unless expressly stated otherwise in these Terms, nothing shall be construed as granting you a licence or any other right to any patent, trademark, copyright or other intellectual property of Aqualys, Shopify or any third party. Any unauthorised use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by Aqualys.
The names, logos, product and service names, designs and slogans of Aqualys are registered trademarks of Aqualys, its subsidiaries or its licensors. You may not use them without the prior written permission of Aqualys. The name, logo, product and service names, designs and slogans of Shopify are registered trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing on the Services are the registered trademarks of their respective owners.

ARTICLE 7 - OPTIONAL TOOLS

You may use client tools provided by third parties as part of the Services; we do not monitor these tools and have no control over them or the ability to contribute to them.
You acknowledge and agree that we provide access to these tools “as is” and “as available”, without warranty, representation or condition of any kind, and without endorsement on our part. We accept no liability arising from or in connection with your use of optional third-party tools.
The use of optional tools offered on the site is at your own risk and discretion. It is your responsibility to ensure that you are aware of and accept the terms and conditions applicable to these tools, as defined by the relevant third-party provider(s).
We may also, in the future, introduce new features via the Services (including the provision of new tools and resources). Such new features shall be deemed to form an integral part of the Services and shall be subject to these Terms of Use.

ARTICLE 8 - LINKS TO THIRD PARTIES

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including integrated third-party features). We are not responsible for reviewing or evaluating the content or accuracy of any third-party materials or websites that you choose to access. If you decide to leave the Services to access such third-party materials or websites, you do so at your own risk.
We accept no liability for any loss or damage arising from your access to third-party websites, or from the purchase or use of any products, services, resources or content on such websites. We encourage you to review the policies and practices of third parties carefully and to ensure you understand them before entering into any transaction. Any claims, complaints, concerns or questions regarding third-party products and services must be addressed directly to the relevant third party.

ARTICLE 9 - RELATIONSHIP WITH SHOPIFY

Aqualys is powered by Shopify, which enables us to provide the Services to you. However, any sale or purchase made in our Shop is conducted directly with Aqualys. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Aqualys, including any damage, harm or loss resulting from the products or services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages and liability arising from or related to your purchase and transaction with Aqualys.

SECTION 10 - PRIVACY POLICY

All personal information we collect via the Services is subject to our Privacy Policy, available here /policies/privacy-policy, and certain personal information may also be subject to Shopify’s Privacy Policy, available here. By using the Services, you acknowledge that you have read these privacy policies.
As the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the Services in order to provide and 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 the one in which you reside, in order to provide the Services to you. Please see our Privacy Policy /policies/privacy-policy for further details on how we, Shopify and our partners use your personal information.

ARTICLE 11 – FEEDBACK

If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, opinions, proposals, plans or any other content, you grant us a perpetual, worldwide, sub-licensable and non-exclusive licence to use, reproduce, modify, publish, distribute and display such Feedback for any purpose, including for commercial purposes. We may, for example, use our rights under this licence to operate, provide, evaluate, improve and promote the Services and to fulfil our obligations and exercise our rights under the Terms of Use.
You also represent and warrant that: (i) you are the owner of, or have all necessary rights to, the Feedback; (ii) you have disclosed any compensation or inducement received in connection with the submission of your Feedback; (iii) your Feedback complies with these Terms. We are not and shall not be under any obligation (1) to maintain the confidentiality of your Feedback; (2) to pay compensation for your Feedback; (3) to respond to your Feedback.
We may, but are not obliged to, monitor, modify or remove any Feedback that we deem, in our sole discretion, to be unlawful, offensive, threatening, defamatory, libellous, pornographic, obscene or otherwise objectionable, or which infringes the intellectual property rights of any party or these Terms of Service.
You undertake to ensure that your Feedback does not infringe any third-party rights, including copyright, trademarks, data protection, personality rights or other personal or property rights. You further undertake that your Feedback shall not contain any defamatory, illegal, abusive or obscene content, nor any computer virus or malware that may affect the operation of the Services or any related website. You are prohibited from using a falsified email address, impersonating another person or misleading us or third parties as to the origin of the Feedback. You are solely responsible for your Feedback and its accuracy. We accept no liability and cannot be held responsible for Feedback published by you or by a third party.

ARTICLE 12 - ERRORS, INACCURACIES AND OMISSIONS

The Services may occasionally contain information with typographical errors, inaccuracies or omissions, particularly regarding product descriptions, prices, promotions, offers, delivery charges, transit times or product availability. We reserve the right to correct any errors, inaccuracies or omissions, and to amend or update information or cancel orders in the event of inaccurate information, at any time and without notice (including after you have submitted your order).

ARTICLE 13 - PROHIBITED USES

You may only access and use the Services for lawful purposes. You are strictly prohibited from accessing or using the Services, directly or indirectly: (a) for unlawful or malicious purposes; (b) in breach of any regulation, rule, or international, federal, provincial, state or local law; (c) in a manner that infringes the intellectual property rights of Aqualys, Shopify or any third party; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or cause harm to any of our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, download, use or reuse any content that does not comply with these Terms; (g) to transmit or cause the sending of any advertising or promotional material, including ‘spam’, ‘chain letters’, ‘junk mail’ or any other similar solicitation; (h) to impersonate any person or entity, or attempt to do so; (i) to engage in any conduct that may restrict or interfere with the use or enjoyment of the Services by others, or which, in our opinion, may harm Aqualys, Shopify, users of the Services or expose them to any liability.
Furthermore, you agree not to: (a) upload or transmit viruses or any other malicious code that may affect the functioning or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any part of the Services; (c) collect or track the personal information of others; (d) engage in spamming, phishing, pharming or pretexting via the Services; (e) use robots, spiders, scraping, data collection or extraction tools, automated devices, AI tools (including agent-based AI) or any automated or manual means to access the Services; (f) interfere with, circumvent or disable security or authorisation features, robot exclusion headers or any other measures we implement to restrict access to the Services. We reserve the right to suspend, disable or terminate your account at any time and without notice if we determine that you have breached any provision of these Terms.

SECTION 14 – AGENTS

14.1 This section (“Terms relating to Agents”) applies if you use, authorise, enable or cause the deployment of an Agent to access, use or interact with the Services. An “Agent” means any software or service acting autonomously or semi-autonomously on behalf of, or at the instruction of, a person or entity, and capable of running on a device owned or used by a person without direct supervision.
14.2 No Agent may access, use or interact with the Services unless it identifies itself at all times and operates in strict compliance with the conditions set out in section 14.4 below. Furthermore, no Agent may access, use or interact with the Services if we have requested that Agent to refrain from accessing, using or interacting with any service.
14.3 We may restrict, including through technical measures, the ability and manner in which an Agent accesses, uses and interacts with the Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, indicate that the request originates from an Agent and disclose the Agent’s name by including the following in the user-agent string: “Agent/[agent name]”; (ii) not conceal or disguise the fact that the access, use or interactions originate from an Agent, including by (a) mimicking human behaviour or interaction patterns, or (b) circumventing or bypassing CAPTCHAs or measures designed to distinguish computer-based usage from human usage; (iii) answer truthfully any questions or prompts designed to determine whether interactions originate from a human or a computer; (iv) not circumvent or evade any measures designed to block, limit, modify or control Agents’ access to, use of or interactions with the Services.

ARTICLE 15 - TERMINATION

We reserve the right to terminate this agreement or your access to the Services (or any part thereof), at our sole discretion, at any time and without notice. You will remain liable for all amounts due up to and including the date of termination.
The following sections shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision the nature of which implies that it is intended to survive termination.

ARTICLE 16 - DISCLAIMER OF WARRANTIES

The information presented on or via the Services is provided for informational purposes only. We do not guarantee the accuracy, completeness or usefulness of this information. Any reliance you place on this information is strictly at your own risk. We accept no liability or warranty regarding the consequences arising from the use of this information by you, any other visitor to the Services or any person informed of their content.
UNLESS EXPRESSLY STATED BY AQUALYS, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE ” FOR YOUR USE, WITHOUT ANY WARRANTY, REPRESENTATION 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 EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO YOU.

SECTION 17 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AQUALYS, OUR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSEES, NOR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL BE LIABLE FOR ANY DOMAIN, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, SAVINGS, DATA, REPLACEMENT COSTS OR ANY OTHER SIMILAR LOSS, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SERVICES OR ANY PRODUCT OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY ERROR OR OMISSION IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND SUFFERED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) PUBLISHED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ARTICLE 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Aqualys, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers, from and against any and all losses, damages, liability or claim, including reasonable legal fees, owed to a third party and arising from (1) your breach of these Terms of Use or the documents incorporated herein 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 claim covered by this indemnity, provided that a failure to provide prompt notice shall not relieve you of your obligations, unless you suffer substantial prejudice as a result. We may defend and settle any claim at your expense, including the choice of legal counsel, but we will not settle any claim involving non-monetary obligations on your part without your consent (which you may not unreasonably withhold). You shall cooperate in the defence of claims covered by this warranty, including by providing relevant documents.

ARTICLE 19 - SEVERABILITY

In the event that any provision of these Terms of Use is found to be unlawful, void or unenforceable, that provision shall remain enforceable to the fullest extent permitted by applicable law, and the unenforceable part shall be deemed severed from these Terms of Use. Such a determination shall not affect the validity or enforceability of the remaining provisions.

ARTICLE 20 - WAIVER; ENTIRE AGREEMENT

Failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These T

erms of Use, together with any policies or usage rules published by us on this site or relating to the Service, constitute the entire agreement and understanding between you and us, and govern your use of the Service. They supersede any prior or contemporaneous agreement, communication or proposal, whether oral or written, between you and us (including, without limitation, prior versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.

ARTICLE 21 - 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. Any unauthorised attempt at assignment shall be deemed null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or prior notice.

ARTICLE 22 – GOVERNING LAW

These Terms of Use, together with any separate agreement under which we provide the Services to you, shall be governed by and construed in accordance with the federal laws and the laws of the states or territories of the competent courts in the jurisdiction where Aqualys has its registered office. You and Aqualys expressly consent to the territorial and personal jurisdiction of those courts.

ARTICLE 23 - HEADINGS

The headings used in this agreement are inserted for convenience only and shall not affect or limit the interpretation of these Terms.

ARTICLE 24 - AMENDMENTS TO THE TERMS OF USE

You may 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, amend or replace any part of these Terms of Use by publishing the updates and amendments on our website. It is your responsibility to check our website periodically for any changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services following the publication of changes to these Terms constitutes acceptance of those changes.

ARTICLE 25 - CONTACT DETAILS

For any questions regarding these Terms of Use, please contact us at the following address: support.aqualys@gmail.com.
Our contact details are set out below;

Aqualys

support.aqualys@gmail.com

47 rue Vivienne, 75002, Paris

10434813100012

Not subject to VAT