Terms Of Service
Terms of Service
Welcome to Nice Marché! The terms “we,” “our,” and “our” refer to Nice Marché. Nice Marché operates this store and website, including all information, content, features, tools, products, and related services to provide you, as a customer, with a personalized shopping experience (the “Services”). Nice Marché is an online shop powered by Shopify, which enables us to provide you with the Services.
The following General Terms of Use, along with any related policies (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using our Services.
Please read these Terms of Service carefully, as they include 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. If you do not agree to these Terms or our Privacy Policy, please do not use or access our Services.
SECTION 1 — ACCESS AND ACCOUNT
By accepting these Terms of Service, you confirm that you are at least of legal age in your state or province of residence, and you agree to permit any minor dependents under your charge to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online stores or purchasing products and services, you may be asked to provide certain information such as your email address, billing, payment, and shipping details. You warrant that all information provided in our stores is accurate, current, and complete, and that you have all necessary rights to provide that information.
You are solely responsible for maintaining the security of your account credentials and all activity on your account. You may not transfer, sell, assign, or sublicense your account to anyone else.
SECTION 2 — OUR PRODUCTS
We strive to provide an accurate representation of our products and services in our online stores. However, please note that colors or appearances of products may differ from how they appear on your screen due to your device type, settings, and configuration.
We do not guarantee that the appearance or quality of products or services you purchase will meet your expectations or exactly match what is described or depicted online.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to remove any product at any time and may limit quantities offered to any region, individual, or jurisdiction on a case-by-case basis.
SECTION 3 — ORDERS
When you place an order, you make an offer to buy. Nice Marché reserves the right to accept or refuse your order for any reason at its discretion. Your order is not accepted until Nice Marché confirms acceptance.
We must receive and process your payment before your order is accepted. Please review your order carefully before submitting because Nice Marché may not be able to cancel orders after acceptance. If we do not accept, modify, or cancel your order, we will attempt to notify you via the email, billing address, or phone number provided at checkout.
Your purchases can only be returned or exchanged in accordance with our Refund Policy.
You confirm that your purchases are for your personal or household use, not for resale or export.
SECTION 4 — PRICES AND BILLING
Prices, discounts, and promotions may be changed without notice. The price charged for a product or service will be the price in effect at the time of order and will be shown in your order confirmation email.
Unless otherwise stated, prices do not include applicable taxes, shipping and handling fees, customs duties, or import taxes.
Prices in our online stores may differ from those in physical stores or third-party online shops. We may offer promotions affecting prices, which are governed by separate Terms of Use. In case of conflict, promotion terms will prevail.
You agree to provide current, complete, and accurate payment and account information for all purchases. You agree to update your account details (such as email, credit card info, and expiration date) promptly to facilitate transactions and contact you if needed.
You warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are authorized to use this card for purchases, (iii) your card issuer will honor all charges, and (iv) you will pay the billed amounts at the prices shown, including applicable shipping, handling, and taxes.
SECTION 5 — SHIPPING AND DELIVERY
We are not responsible for delays in shipping or delivery. All shipping estimates are approximate and not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events beyond our control. Once the products are transferred to the carrier, ownership and risk of loss are transferred to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, service marks, texts, displays, images, graphics, product reviews, videos, and audios, as well as their design, selection, and arrangement, are the property of Nice Marché, its affiliates, or licensors and are protected by U.S. and foreign laws governing patents, copyrights, and other intellectual property rights.
These Terms authorize you to use the Services for personal and non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, upload, store, or transmit any material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or should be interpreted as granting you a license or other rights under any patent, trademark, copyright, or other intellectual property rights of Nice Marché, Shopify, or third parties. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved to Nice Marché.
The names, logos, product and service names, designs, and slogans of Nice Marché are trademarks of Nice Marché or its affiliates or licensors. You may not use these trademarks without prior written consent from Nice Marché. 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 third-party client tools 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 approval. We disclaim any liability arising from your use of third-party optional tools or related services.
Any use by you of optional third-party tools offered on the site is at your sole risk and discretion, and you should ensure that you understand and agree to the terms under which the tools are provided by the relevant third-party providers.
We may also, in the future, offer new features via the Services (including new tools and resources). These new features are also considered part of the Services and will be subject to these Terms.
SECTION 8 – LINKS TO THIRD PARTIES
The Services may contain documents and hyperlinked links to third-party websites (including integrated third-party features). We are not responsible for reviewing or evaluating the content or accuracy of third-party documents or websites that you choose to access.
If you decide to leave the Services to access these third-party documents or websites, you do so at your own risk.
We are not responsible for damages related to your access to third-party websites or your purchase or use of products, services, resources, or content on third-party sites. Please review third-party policies and practices carefully before engaging in any transaction. Claims, complaints, concerns, or questions regarding third-party products or services should be directed to the third party concerned.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Nice Marché is powered by Shopify, which enables us to provide the Services. However, the sales and purchases you make in our Store are directly with Nice Marché. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Nice Marché, including any harm, damage, or loss resulting from the products and services purchased. You expressly release Shopify and its affiliates from any claims, damages, or liabilities arising from your purchases and transactions with Nice Marché or related to them.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here, and some personal information may also be governed by Shopify’s Privacy Policy, which can be viewed 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 regarding your access and use of the services to provide and improve them. The information you submit through the Services will be shared with Shopify and third parties, possibly located in countries other than your residence, to provide services. Please see our 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 ideas, suggestions, feedback, reviews, proposals, packages, or other content (collectively called “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback on any media and for any purpose, including commercial purposes.
For example, we may use the rights granted by this license to operate, provide, evaluate, reinforce, improve, and promote the Services, as well as to fulfill our obligations and exercise our rights under these Terms of Service.
You also represent and warrant that (i) you own or have all the necessary rights to all Feedback; (ii) you have disclosed any compensation or incentive received related to your submission of Feedback; and (iii) your Feedback complies with these Terms.
We have no obligation—and will have no obligation—to (1) preserve the confidentiality of your Feedback; (2) pay any compensation for your Feedback; or (3) respond to your Feedback.
We may, at our sole discretion, review, modify, or delete Feedback that we deem, in our judgment, to be illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that infringe third-party intellectual property rights or these Terms of Service.
You agree that your Feedback does not violate any third-party rights, including copyrights, trademarks, privacy rights, personality rights, or other personal or proprietary rights. You also agree that your Feedback does not contain any defamatory, unlawful, abusive, or obscene material, viruses, or other malware that could affect the operation of our Services or any related website.
You may not use a false email address, pretend to be someone else, or mislead us or third parties regarding the origin of your Feedback. You are solely responsible for the accuracy and content of your Feedback. We assume no responsibility for Feedback you post or that is posted by third parties.
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, shipping charges, delivery times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to modify, update, or cancel any information or orders if any information is inaccurate, at any time and without notice (including after you have submitted your order).
SECTION 13 – PROHIBITED USES
You may only access and use the Services for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for illegal or malicious purposes; (b) to violate any law, regulation, rule, or ordinance, whether international, federal, provincial, or local; (c) to infringe or violate our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, denigrate, threaten, or hurt any of our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, load, download, use, or reuse any material that violates these Terms; (g) to transmit or facilitate the sending of spam, chain letters, or any other promotional or advertising material, including “junk mail,” “solicitation,” or similar; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any conduct that restricts or prevents others from using or enjoying the Services, or that we believe may harm Nice Marché, Shopify, or the users of the Services, or expose them to liability.
Additionally, you agree not to: (a) upload or transmit viruses or any other malicious code that could affect the functionality 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, pharm, pretext, robot, collector, or scraping messages; or (e) interfere with or bypass security functions of the Services or any related 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 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 of them) at our sole discretion, at any time and without notice, and you will remain responsible for all amounts due until the effective date of termination.
The following sections will continue to apply after any termination: Intellectual Property, Feedback, Termination, Warranty Disclaimer, 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 – WARRANTY DISCLAIMER
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 your or any other visitor’s or any third party’s reliance on or use of these contents.
EXCEPT AS EXPRESSLY PROVIDED BY NICE MARCHE, 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 BUT NOT LIMITED TO ALL IMPLIED WARRANTIES 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 may limit or restrict the applicability of implied warranties 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 NICE MARCHE, 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 PROFITS LOST, REVENUE LOSS, DATA LOSS, LOSS OF SAVINGS, COSTS OF REPLACEMENT, OR ANY OTHER SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORIES OF LIABILITY 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 ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) 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 Nice Marché, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, claims, or expenses, including reasonable attorneys' fees, payable to third parties arising out of or related to (1) your violation of these Terms of Service or any documents incorporated by reference, (2) your violation of any law or the rights of a third party, or (3) your access to or use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to provide rapid notice does not absolve you of your obligations, unless you suffer significant prejudice. We may control the defense and settlement of such a claim at your expense, including choosing the attorney, but we will not settle a claim requiring non-monetary obligations from you without your consent (which must not be unreasonably withheld). You agree to cooperate in the defense of any indemnified claims, including providing relevant documents.
SECTION 18 – SEVERABILITY
If any provision of these Terms of Service is found to be illegal, invalid, or unenforceable, that provision shall be enforceable to the maximum extent permitted by applicable law, and the remaining provisions shall remain in full force and effect, unaffected by the unenforceability of the specific provision.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision.
These Terms of Service, along with any policies or rules published by us on this site or related 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, or proposals, whether oral or written, between you and us (including, but not limited to, all previous versions of the Terms).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the party that drafted them.
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, and any such attempt shall be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.
SECTION 21 – GOVERNING LAW
These Terms of Service and any separate agreement through which we provide you with Services shall be governed and interpreted in accordance with the federal and state or territorial courts in the jurisdiction where Nice Marché is headquartered. You and Nice Marché agree to the exclusive jurisdiction and personal venue of those courts.
SECTION 22 – HEADINGS
The headings used in this agreement are for convenience only and do not affect the interpretation or validity of these Terms.
SECTION 23 – AMENDMENTS TO THE TERMS OF SERVICE
You can always review the most current version of the Terms of Service on this page. We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms by posting updates and changes on our website. It is your responsibility to check our website regularly for updates. We will notify you of any significant changes to these Terms in accordance with applicable law, and those changes will become effective on the date specified in the notice. Continued use or access to the Services after any updates or changes to these Terms constitutes your acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
Questions regarding these Terms of Service should be sent to us at: contact@nicemarche.com
Our contact details are listed below:
Nice Marché
contact@nicemarche.com
58 rue de Monceau 75 008 PARIS - Cedex 08 - CS 48756
SIRET number pending allocation