OVERVIEW
This website is operated by David Maillard. Throughout the site, the terms “we,” “us,” and “our” refer to David Maillard. David Maillard offers this site—including all information, tools, and services available—to you, the user, conditioned on 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 “Services” and agree to be bound by the following Terms of Service (“Terms”), including any additional terms, conditions, and policies referenced herein or available by hyperlink. These Terms apply to all users of the site, including—without limitation—browsers, vendors, customers, merchants, and/or content contributors.
Please read these Terms carefully before accessing or using the site. By accessing 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 access the site or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools added to the current 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 to our site. It is your responsibility to check this page periodically for changes. Continued use of or access to the site after any changes constitutes acceptance of those changes.
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.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including copyright laws) while using the Service.
You must not transmit any worms, viruses, or destructive code.
A breach of any Term will result in immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand your content (excluding credit-card information) may be transferred unencrypted and (a) transmitted over various networks, and (b) changed to conform to technical requirements of connecting networks or devices. Credit-card information is always encrypted during transfer across 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 without our express written permission.
Headings used in this agreement are for convenience only and do not limit or affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information on this site is inaccurate, incomplete, or outdated. The material is provided for general information only and should not be relied upon as the sole basis for decisions without consulting primary, more accurate, more complete, or more timely sources of information. Use of the material on this site is at your own risk.
Historical information may be present. It is not current and is provided for reference only. We reserve the right to modify site content at any time but have no obligation to update information. You agree it is your responsibility to monitor changes.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Product prices are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content) at any time without notice.
We are not liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online. These items may have limited quantities and are subject to return or exchange only per our Return Policy.
We have made every effort to display product colors and images accurately. We cannot guarantee your monitor’s display will be accurate.
We reserve the right—but are not obligated—to limit sales to any person, region, or jurisdiction, and to limit quantities of products or services. All descriptions or pricing may change at any time without notice. We may discontinue any product at any time. Any offer for products or services is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased will meet your expectations, or that errors in the Service will be corrected.
SECTION 6 – BILLING ACCURACY AND ACCOUNT INFORMATION
We reserve the right to refuse any order. We may limit or cancel quantities purchased per person, per household, or per order. Restrictions may include orders placed by or under the same customer account, credit card, and/or billing or shipping address. If we change or cancel an order, we may attempt to notify you via email and/or billing phone/address provided. We may limit or prohibit orders that appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all transactions. You agree to promptly update your account details, including email, credit-card numbers, and expiration dates, so we can complete your transactions and contact you.
For details see our Return Policy.
SECTION 7 – OPTIONAL TOOLS
We may give you access to third-party tools over which we neither monitor nor have control. You acknowledge and agree that we provide access “as is” and “as available” without warranties or endorsement. We have no liability from or relating to your use of optional third-party tools.
Use of any optional tools is entirely at your risk, and you should ensure you approve the terms of the tools’ provider(s).
We may also offer new services and features through the site in the future; such features shall also be subject to these Terms.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third parties.
Third-party links may direct you to websites not affiliated with us. We are not responsible for examining or evaluating content or accuracy and do not warrant and will not have liability for third-party materials or websites.
We are not liable for damages related to the purchase or use of goods, services, resources, or content from third-party sites. Review third-party policies and practices before engaging in transactions. Complaints regarding third-party products should be directed to the third party.
SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If you send certain submissions—whether at our request (e.g., contest entries) or unsolicited creative ideas, suggestions, proposals, or other materials (“comments”)—you agree we may edit, copy, publish, distribute, translate, and otherwise use them in any medium at any time without restriction. We are not obligated to: (1) keep comments confidential; (2) pay compensation; or (3) respond.
We may monitor, edit, or remove content we deem unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or objectionable, or that violates intellectual-property rights or these Terms.
You agree your comments will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights, and will not contain libelous or unlawful, abusive, or obscene material, or malware. You may not use a false email, pretend to be someone else, or mislead us or third parties. You alone are responsible for your comments.
SECTION 10 – PERSONAL INFORMATION
Submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally information on our site or Service may contain typographical errors, inaccuracies, or omissions concerning product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or cancel orders if information is inaccurate, at any time without notice (including after you submit an order).
We undertake no obligation to update or clarify information, including pricing, except as required by law. No update date indicated on the Service should be taken to mean all information has been modified.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions set out in the Terms, you are prohibited from using the site or its content for:
(a) unlawful purposes; (b) soliciting others to perform unlawful acts; (c) violating regulations, rules, laws, or local ordinances; (d) infringing our or others’ intellectual-property rights; (e) harassing, abusing, insulting, defaming, slandering, disparaging, intimidating, or discriminating; (f) submitting false or misleading information; (g) uploading viruses or malicious code; (h) collecting personal information of others; (i) spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) obscene or immoral purposes; or (k) interfering with security features of the Service or the internet. We reserve the right to terminate your use for violating prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee uninterrupted, timely, secure, or error-free use of the Service. Results may not be accurate or reliable.
You agree we may remove the Service for indefinite periods or cancel at any time without notice.
Your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered are provided “as is” and “as available,” unless stated otherwise, without any representation, warranties, or conditions, express or implied, including implied warranties of merchantability, quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall David Maillard, our directors, officers, employees, affiliates, agents, contractors, suppliers, service-providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages—including lost profits, revenue, savings, data, replacement costs, or similar damages—arising from your use of the Service, any products procured via the Service, or any related claim, even if advised of their possibility.
Where some jurisdictions do not allow exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless David Maillard and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service-providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorney fees, made by any third party due to your breach of these Terms or violation of any law or third-party rights.
SECTION 15 – SEVERABILITY
If any provision is deemed 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, without affecting the validity of remaining provisions.
SECTION 16 – TERMINATION
Obligations and liabilities incurred before termination survive termination. These Terms remain effective unless terminated by you or us. You may terminate at any time by notifying us or ceasing site use. We may also terminate if you fail to comply with any Term, and you remain liable for all amounts due up to the termination date. We may deny access to our Services accordingly.
SECTION 17 – ENTIRE AGREEMENT
Our failure to exercise or enforce any right shall not constitute a waiver. These Terms and any policies posted on this site constitute the entire agreement and govern your use of the Service, superseding prior agreements, communications, and proposals, whether oral or written. Ambiguities shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms and any separate agreements whereby we provide Services shall be governed by and construed in accordance with the laws of Rua A1, 70, Campos do Jordão, SP, 12460-000, Brazil.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You may 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 to our site. It is your responsibility to check for changes. Continued use or access after changes constitutes acceptance.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms should be sent to david@davidweb.pro.