Terms of service
TERMS OF SERVICE
Chez Pierre cs@chezpierre.us
OVERVIEW
Welcome to Chez Pierre. The terms "we", "us" and "our" refer to Chez Pierre. Chez Pierre operates this store and website, including all related information, content, features, tools, products and services, in order to provide you with a curated shopping experience (the "Services").
Please read these Terms of Service carefully, as they include important information about your legal rights, including warranty 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, you should 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 have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete, and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 — OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online store. However, colors or product appearance may differ from how they appear on your screen due to your device type, settings, and configuration. We do not warrant that the appearance or quality of any products purchased will meet your expectations or be identical to how they are depicted in our store.
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 products we offer to any person, geographic region, or jurisdiction.
SECTION 3 — ORDERS
When you place an order, you are making an offer to purchase. Chez Pierre reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Chez Pierre confirms acceptance and payment is processed.
Please review your order carefully before submitting, as Chez Pierre may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, modify, or cancel an order, we will attempt to notify you using the contact information provided at the time of purchase.
Your purchases are subject to return or exchange solely in accordance with our Return & Refund Policy. You represent and warrant that your purchases are for personal or household use and not for commercial resale or export.
SECTION 4 — PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed, as confirmed in your order confirmation email. Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs, or import charges.
We may offer promotions from time to time that are governed by separate terms. Where there is a conflict between promotion terms and these Terms, the promotion terms will govern.
You agree to provide current, complete, and accurate payment information for all purchases. You represent and warrant that the credit card or payment information you provide is true, correct, and complete, and that you are duly authorized to use such payment method.
SECTION 5 — SHIPPING AND DELIVERY
All delivery times are estimates only and are not guaranteed. We are not liable for shipping and delivery delays caused by carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
SECTION 6 — INTELLECTUAL PROPERTY
Our Services, including all trademarks, brands, text, images, graphics, product descriptions, video, and audio, and the design, selection, and arrangement thereof, are owned by Chez Pierre, its affiliates, or licensors and are protected by U.S. and international intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material from the Services without our prior written consent. Unauthorized use of the Services may be a violation of applicable intellectual property laws. All rights not expressly granted herein are reserved by Chez Pierre.
Chez Pierre's names, logos, product and service names, designs, and slogans are trademarks of Chez Pierre or its affiliates. You must not use such marks without our prior written permission.
SECTION 7 — OPTIONAL TOOLS
You may be provided access to third-party tools as part of the Services, which we neither monitor nor control. Such tools are provided "as is" and "as available" without any warranties or endorsement. We have no liability arising from your use of any optional third-party tools. Any use of such tools is entirely at your own risk, and you should ensure you are familiar with the terms provided by the relevant third-party providers.
SECTION 8 — THIRD-PARTY LINKS
Our Services may contain links to third-party websites. We are not responsible for the content, accuracy, or practices of any third-party sites. If you choose to leave our Services to access third-party content, you do so at your own risk. We are not liable for any harm or damages related to your use of third-party websites or any products or services purchased through them.
SECTION 9 — RELATIONSHIP WITH SHOPIFY
Chez Pierre is powered by Shopify, which enables us to provide the Services to you. Any sales and purchases you make in our store are made directly with Chez Pierre. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any transactions between you and Chez Pierre, including any injury, damage, or loss resulting from purchased products or services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Chez Pierre.
SECTION 10 — PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read and understood our Privacy Policy. Because the Services are hosted by Shopify, Shopify also collects and processes certain personal information in connection with your use of the Services in accordance with Shopify's own Privacy Policy.
SECTION 11 — FEEDBACK
If you submit any ideas, suggestions, feedback, reviews, or other content to us, you grant Chez Pierre a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such content in any medium for any purpose, including commercial use. You represent and warrant that you own or have all necessary rights to any feedback you submit, and that your feedback does not violate any third-party rights. We are under no obligation to maintain your feedback in confidence, compensate you for it, or respond to it.
SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS
There may occasionally be information on our Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, or availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice, including after an order has been submitted.
SECTION 13 — PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not use the Services: (a) for any unlawful or malicious purpose; (b) to violate any applicable laws or regulations; (c) to infringe upon any intellectual property rights; (d) to harass, harm, defame, or intimidate any person; (e) to transmit false or misleading information; (f) to send unsolicited advertising or promotional material; (g) to impersonate any person or entity; or (h) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services.
You also agree not to: (a) upload or transmit viruses or malicious code; (b) reproduce, sell, or exploit any portion of the Services; (c) collect the personal information of others; (d) use any automated tools, bots, scrapers, or AI agents to access the Services without authorization; or (e) interfere with or circumvent the security or authorization features of the Services. We reserve the right to suspend or terminate your account at any time for any violation of these Terms.
SECTION 14 — AGENTS AND AUTOMATED ACCESS
This section applies if you use, allow, enable, or cause the deployment of any automated software or agent ("Agent") to access, use, or interact with the Services. No Agent may access or interact with the Services unless it identifies itself clearly and complies with the requirements below. We may limit or block Agent access by technical means at our discretion.
Agents must: (i) identify themselves as an Agent in all HTTP/HTTPS requests by including "Agent/[agent name]" in the user agent string; (ii) not conceal or mimic human behavior or circumvent CAPTCHAs or other human-verification measures; (iii) respond truthfully to any prompt seeking to determine whether interactions are from a human or a computer; and (iv) not circumvent any measure intended to limit or control Agent access to the Services.
SECTION 15 — TERMINATION
We may terminate this agreement or your access to the Services at any time without notice, at our sole discretion. You will remain liable for all amounts due up to and including the date of termination. The following sections survive termination: Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and any provisions that by their nature should survive.
SECTION 16 — DISCLAIMER OF WARRANTIES
THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING 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 DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU IN FULL.
SECTION 17 — LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, CHEZ PIERRE, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR REPLACEMENT COSTS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES.
SECTION 18 — INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Chez Pierre, Shopify, and our affiliates, partners, officers, directors, employees, agents, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, arising out of: (1) your breach of these Terms; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.
SECTION 19 — SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms without affecting the validity of any remaining provisions.
SECTION 20 — WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision. These Terms, together with our Privacy Policy and any other policies posted on our Services, constitute the entire agreement between you and Chez Pierre regarding your use of the Services and supersede all prior agreements and understandings.
SECTION 21 — ASSIGNMENT
You may not transfer or assign these Terms or any of your rights or obligations hereunder without our prior written consent. Any such attempt will be null and void. We may transfer or assign these Terms and our rights and obligations without your consent or notice.
SECTION 22 — GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the State of Florida and applicable federal law. You and Chez Pierre consent to the exclusive venue and personal jurisdiction of the state and federal courts located in Miami, Florida for any disputes arising under these Terms.
SECTION 23 — CHANGES TO TERMS OF SERVICE
We reserve the right to update or replace any part of these Terms at any time by posting the revised version on our website. It is your responsibility to check this page periodically for changes. Material changes will be communicated in accordance with applicable law. Your continued use of the Services following any changes constitutes your acceptance of the revised Terms.
SECTION 24 — RETURNS AND EXCHANGES
All returns and exchanges are governed exclusively by our Return & Refund Policy, which is incorporated into these Terms by reference.
SECTION 25 — FRAUD PREVENTION
All orders identified as a potential fraud risk will be verified by Chez Pierre by contacting the customer via email or phone. Please ensure you have provided accurate contact information to avoid delays in order processing.
If Chez Pierre, in good faith and at its sole discretion, determines that a customer may be involved in fraudulent activity related to a purchase, Chez Pierre reserves the right to require the customer to bear all return shipping costs. The customer is responsible for the safe return of all products until they are received at our facility. If products are lost or damaged during return transit in a fraud-related case, the customer must resolve the matter directly with the carrier.
SECTION 26 — CONTACT INFORMATION
Questions about these Terms of Service should be directed to:
Chez Pierre cs@chezpierre.us