Terms of service

Terms of Service

OVERVIEW

Welcome to NekoMunchie! The terms “we,” “us,” and “our” refer to NekoMunchie. NekoMunchie operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the “Services”). NekoMunchie is a store powered by Shopify, which enables us to provide the Services.

The Terms of Service below, together with any 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 matters 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 [LINK]. If you do not agree to these Terms of Service or our 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 consent to allowing any minor dependents to use the Services on devices that you own, purchase, or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be required 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 associated with your account. You may not transfer, sell, assign, or license your account to another 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 product colors or appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or be identical to their descriptions or representations in our online stores.

All product descriptions are subject to change at any time 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 offered 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. NekoMunchie reserves the right to accept or decline your order for any reason, at its discretion. Your order is not accepted until NekoMunchie confirms its acceptance.

We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as NekoMunchie may not be able to accommodate cancellation requests after an order has been accepted.

If we decline, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided when the order was placed.

Your purchases may only be returned or exchanged in accordance with our Refund Policy [LINK].

You represent and warrant that your purchases are intended for 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 when the order is placed and will be shown in your order confirmation email. Unless otherwise stated, displayed prices do not include taxes, shipping and handling fees, customs duties, or import charges.

Prices displayed in our online stores may differ from those offered in physical stores or online stores operated by third parties.

We may occasionally offer promotions on the Services that affect pricing and are governed by separate terms and conditions. If there is a conflict between promotional terms and these Terms, the promotional terms will 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 expiration dates, so that we can complete your transactions and contact you when necessary.

You represent and warrant that:

  1. The credit card information you provide is true, accurate, and complete.

  2. You are duly authorized to use the credit card for the purchase.

  3. Charges incurred by you will be honored by your credit card company.

  4. You will pay all charges at the posted prices, including shipping and handling fees and any applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY

We are not responsible for shipping and delivery delays. All shipping timelines are estimates and are not guaranteed.

We are not responsible for delays caused by shipping carriers, customs processing, or events beyond our control.

Once we transfer products to the shipping carrier, ownership and risk of loss are transferred to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, trade names, text, displays, images, graphics, product reviews, videos, audio, and their design, selection, and arrangement, are the property of NekoMunchie, its affiliates, or licensors and are protected by United States and international patent, copyright, and other intellectual property laws.

These Terms authorize you to use the Services for personal, non-commercial purposes only.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any materials 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 under any patent, trademark, copyright, or other intellectual property belonging to NekoMunchie, 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 by NekoMunchie.

The names, logos, product and service names, designs, and slogans of NekoMunchie are trademarks of NekoMunchie or its affiliates or licensors. You must not use these trademarks without prior written permission from NekoMunchie.

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 appearing 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 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 of optional tools offered through the website is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms under which the tools are provided by the relevant third-party providers.

We may also introduce new features through the Services in the future, including new tools and resources. Such features will also be considered part of the Services and subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including third-party functionality.

We are not responsible for reviewing or evaluating the content or accuracy of third-party materials or websites you choose to access.

If you decide to leave the Services to access third-party materials or websites, you do so at your own risk.

We are not responsible for any harm or damages related to your access to third-party websites or your purchase or use of products, services, resources, or content from third parties.

Please carefully review the policies and practices of third parties and ensure that you understand them before engaging in any transaction.

Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

NekoMunchie is powered by Shopify, which enables us to provide the Services.

However, sales and purchases made through our Store are conducted directly with NekoMunchie.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and NekoMunchie, including any injury, damage, or loss resulting from products and services purchased.

You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or related to your purchases and transactions with NekoMunchie.

SECTION 10 – PRIVACY POLICY

All personal information collected through the Services is subject to our Privacy Policy, which can be viewed here [LINK], 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 regarding your access to and use of the Services to provide and improve them.

Information you submit through the Services will be transmitted to and shared with Shopify and third parties who may be located in countries other than your country of residence to provide the Services.

Please review our Privacy Policy [LINK] for further details on how we, Shopify, and our partners use your personal information.

SECTION 11 – FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, fully royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium and for any purpose, including commercial purposes.

For example, we may use the rights granted under this license to operate, provide, evaluate, enhance, improve, and promote the Services and to fulfill our obligations and exercise our rights under these Terms of Service.

You further represent and warrant that:

  1. You own or have all necessary rights to the Feedback.

  2. You have disclosed any compensation or incentives received in connection with submitting the Feedback.

  3. Your Feedback complies with these Terms.

We have no obligation to maintain Feedback in confidence, compensate you for Feedback, or respond to Feedback.

We may, but are not obligated to, monitor, edit, or remove Feedback that we determine, at our sole discretion, to be unlawful, offensive, threatening, defamatory, pornographic, obscene, otherwise objectionable, or in violation of any party's intellectual property rights or these Terms of Service.

You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, publicity, or other personal or proprietary rights.

You also agree that your Feedback will not contain defamatory, unlawful, abusive, or obscene material, or computer viruses or other malware that could affect the operation of the Services or any related website.

You may not use a false email address, impersonate another person, or otherwise mislead us or third parties regarding the origin of Feedback.

You are solely responsible for the Feedback you submit and its accuracy.

We assume no responsibility for Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on or within the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability.

We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if 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:

  1. For unlawful or malicious purposes.

  2. To violate any international, federal, provincial, state, or local law, regulation, rule, or ordinance.

  3. To infringe or violate our intellectual property rights or the intellectual property rights of others.

  4. To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or injure our employees or any other person.

  5. To transmit false or misleading information.

  6. To knowingly send, receive, upload, download, use, or reuse material that does not comply with these Terms.

  7. To transmit or facilitate the transmission of advertising or promotional material, including junk mail, chain letters, spam, or similar solicitations.

  8. To impersonate or attempt to impersonate another person or entity.

  9. To engage in conduct that restricts or inhibits anyone's use or enjoyment of the Services or that, in our judgment, may harm NekoMunchie, Shopify, or users of the Services, or expose them to liability.

Additionally, you agree not to:

  1. Upload or transmit viruses or other malicious code that could affect the functionality or operation of the Services.

  2. Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services.

  3. Collect or track the personal information of others.

  4. Engage in spamming, phishing, pharming, pretexting, automated data collection, or scraping.

  5. Interfere with or circumvent security features of the Services, related websites, or the Internet.

We reserve the right to suspend, disable, or terminate your account at any time without notice if we believe you have violated any part of these Terms.

SECTION 14 – TERMINATION

We may terminate this agreement or your access to the Services, or any portion thereof, at our sole discretion, at any time without notice.

You will remain responsible for all amounts due up to and including the date of termination.

The following sections will 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 provisions that by their nature should survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES

The information presented on or through the Services is provided solely for general informational purposes.

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 reliance on such content by you, other visitors to the Services, or anyone informed of its contents.

EXCEPT AS EXPRESSLY STATED BY NEKOMUNCHIE, 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 GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW DISCLAIMERS OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NEKOMUNCHIE, 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, LOST DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM 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 BUT NOT LIMITED TO ERRORS OR OMISSIONS IN CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless NekoMunchie, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to a third party arising from or relating to:

  1. Your breach of these Terms of Service or documents incorporated by reference.

  2. Your violation of any law or third-party rights.

  3. Your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced.

We may control the defense and settlement of such claims at your expense, including the selection of legal counsel, but we will not settle any claim requiring non-monetary obligations from you without your consent, which shall not be unreasonably withheld.

You agree to cooperate in the defense of indemnified claims, including providing relevant documents.

SECTION 18 – SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law.

The unenforceable portion shall be deemed severed from these Terms 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 these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules published by us on this website or relating to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services.

They supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including prior versions of these Terms of Service.

Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.

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. Any attempted assignment without consent shall be null and void.

We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or prior notice.

SECTION 21 – GOVERNING LAW

These Terms of Service and any separate agreements through which we provide Services shall be governed by and construed in accordance with the laws applicable in the jurisdiction where NekoMunchie has its principal place of business.

You and NekoMunchie agree to the venue and personal jurisdiction of the federal, state, or territorial courts located in that jurisdiction.

SECTION 22 – HEADINGS

The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.

SECTION 23 – CHANGES TO TERMS OF SERVICE

You may review the most current version of these 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 on our website.

It is your responsibility to check our website periodically for changes.

We will notify you of 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 after changes are posted constitutes acceptance of those changes.

SECTION 24 – CONTACT INFORMATION

Questions about these Terms of Service should be sent to contact@nekomunchie.com.

Our contact information is provided below:

NekoMunchie
Email: contact@nekomunchie.com
Website: https://nekomunchie.com
Address: 2 Allée des Meuniers, 92160 Antony, France
Phone: 06 19 74 22 31
SIRET: 93123107000018