Terms of service
TERMS OF SERVICE
Last updated: [DATE]
These Terms of Service ("Terms") govern your use of [brand.com] (the "Site") and your purchases from [BRAND] ("we," "us," "our"). By accessing the Site or placing an order, you agree to these Terms.
1. About us
[BRAND] is operated by [Nom légal], registered in France (SIRET [numéro]), with a registered address at [Adresse FR]. We sell wellness accessories to customers in the United States.
2. Eligibility
You must be at least 18 years old to make a purchase. By placing an order, you confirm you are 18 or older and legally able to enter into a binding contract.
3. Products and information
We do our best to display product colors, sizes, and descriptions accurately. However, slight variations may occur due to your screen settings or photography. We reserve the right to limit quantities, refuse orders, and correct pricing or product errors.
4. Wellness product disclaimer
Our products are wellness accessories intended for personal comfort. They are not medical devices and are not intended to diagnose, treat, cure, or prevent any disease. These statements have not been evaluated by the U.S. Food and Drug Administration.
If you have a medical condition, are pregnant or breastfeeding, are taking medication, or have any concerns about whether our product is suitable for you, consult a healthcare professional before use.
5. Product safety
Our warming patches are designed for external use only. You agree to follow all safety instructions provided on the product packaging and Site, including:
- Apply to clothing or underwear, never directly on skin.
- Do not use while sleeping or unattended.
- Do not use on broken, irritated, or sensitive skin.
- Discontinue use immediately if irritation, redness, burning, or discomfort occurs.
- Keep out of reach of children.
You assume all responsibility for proper use. We are not liable for misuse or use contrary to the safety instructions.
6. Orders and payment
By placing an order, you make an offer to purchase. We reserve the right to accept or decline any order. Payment is processed at checkout via Shopify Payments or PayPal. Prices are listed in U.S. dollars and include applicable taxes where required by law.
7. Shipping
Shipping is governed by our Shipping Policy: [link].
8. Returns and refunds
Returns and refunds are governed by our Refund Policy: [link].
9. Subscriptions
If you enroll in our subscription program ("Comfort Club"), you authorize us to charge your payment method on a recurring basis at the interval you select. You can cancel anytime through your account dashboard or by emailing us at [hello@brand.com]. Cancellations apply to future renewals; we don't refund the current cycle once shipped.
10. Intellectual property
All content on the Site (text, images, logos, designs, trademarks) is owned by [BRAND] or licensed to us, and protected by U.S. and international copyright and trademark law. You may not copy, reproduce, modify, or distribute any content without our written permission.
11. User content
If you submit reviews, photos, comments, or other content to our Site or social channels, you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, and display that content for marketing and operational purposes.
12. Limitation of liability
To the maximum extent permitted by law, [BRAND] and its founders, employees, and partners are not liable for any indirect, incidental, special, or consequential damages arising from your use of the Site or our products. Our total liability for any claim related to your purchase is limited to the amount you paid for the product.
13. Indemnification
You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from your violation of these Terms or misuse of our products.
14. Governing law and disputes
These Terms are governed by the laws of France for the relationship between you and [BRAND]. For customers in the United States, any dispute related to your purchase will, to the extent permitted by law, first be addressed through good-faith negotiation. If unresolved, disputes shall be submitted to binding arbitration in [city], in accordance with applicable consumer protection laws of your state.
Nothing in these Terms limits your statutory consumer rights under U.S. federal or state law.
15. Changes to these Terms
We may update these Terms from time to time. The "Last updated" date reflects the most recent version. Continued use of the Site after changes constitutes acceptance.
16. Contact
Embervee
Saint-Pierre-De-Bressieux, France
contact@embervee.com