These terms govern sales, by Agate Editions, Limited Liability Company, whose registered office is located at 13 Boulevard de la République, 92250 La Garenne Colombes, France, registered in the Nanterre Trade and Companies Register under number 493 820 138.
These Terms of Use are made available to any buyer for information purposes. You declare that you have read these Terms of Use and have accepted them before your immediate purchase or the placing of your order.
These Terms of Use may be subject to subsequent modifications, the version applicable to your purchase is the one in force on the date of the immediate purchase or the placing of the order.
The validation of your order constitutes acceptance without restriction or reservation of these Terms of Use.
OVERVIEW
This website is operated on behalf of AGATE EDITIONS. Throughout the site, the terms "we", "us" and "our" refer to AGATE EDITIONS. AGATE EDITIONS offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting this site and/ or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms and Conditions of Sale", "Termsof Use", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of this site, including, but not limited to, users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.
Any new features or tools which are added to the current store shall also be subject to these Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted and operated by MYNOK ANIMATION S.L. They provide us with the pledge manager platform that allows us to sell our products and services to you.
ARTICLE 1 - CONDITIONS OF USE
By accepting these Terms of Use, you declare that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any minor dependent of yours to use this website.
The use of our products for any illegal or unauthorized purpose is prohibited, nor may you, in the course of using the Service, violate the laws of your jurisdiction (including but not limited to copyright laws).
You may not transmit any worms, viruses or other code of a destructive nature.
Any breach or violation of these Terms of Use will result in immediate termination of your Services.
ARTICLE 2 - GENERAL CONDITIONS
We reserve the right to deny access to the Services to any person at any time, for any reason.
You understand that your content (excluding your credit card information) may be transferred unencrypted, and this implies (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service or use of the Service, or any access to the Service or contact on the website, through which the Service is provided, without our prior express written permission.
The headings used in this agreement are included for your convenience, and will not limit or affect these Terms.
ARTICLE 3 - ACCURACY, COMPLETENESS AND UP-TO-DATENESS OF INFORMATION
We are not responsible if the information available on this site is not accurate, complete or up-to-date. The content of this site is provided for information purposes only and should not be relied upon as your sole source of information for making decisions without first consulting more accurate, complete and up-to-date sources of information. If you decide to rely on the content presented on this site, you do so at your own risk.
This site may contain certain prior information. Such prior information, by its nature, is not current and is provided for information purposes only. We reserve the right to change the content of this site at any time, but we are under no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.
ARTICLE 4 - CHANGES TO SERVICE AND PRICES
The prices of our products are subject to change without notice, within legal limitations.
We reserve the right at any time to modify or discontinue the Service (or any part or content of the Service) without notice and at any time.
We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
ARTICLE 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may only be available online on our website. These products or services may be available in limited quantities and may only be returned or exchanged in accordance with our Returns Policy.
We have done our best to display as clearly as possible the colors and images of our products that appear on our store. We cannot guarantee that your computer screen will display colors accurately.
We reserve the right, but are not obliged, to restrict sales of our products or services to any person, and in any geographical area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions and prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer of service or product made on this site is void where prohibited by law.
We do not warrant that the quality of any products, services, information, or other merchandise obtained or purchased by you will meet your expectations, or that any errors in the Service will be corrected.
ARTICLE 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, reduce or cancel quantities purchased per person, per household or per order. Such restrictions may include orders placed by or from the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we change or cancel an order, we may attempt to notify you by contacting you at the e-mail and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, may appear to be from merchants, resellers or distributors.
You agree to provide current, complete and accurate order and account information for all orders placed through our store. You agree to promptly update your account and other information, including your e-mail address, credit card numbers and expiration dates, so that we may complete your transactions and contact you if necessary.
For more details, please see our Returns Policy.
ARTICLE 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no control or influence.
You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis, without any warranties, representations or conditions of any kind and without any endorsement. We will have no legal liability arising from or related to the use of these optional third-party tools.
If you use any of the optional tools offered on the Site, you do so at your own risk and discretion, and you should consult the terms and conditions under which such tools are offered by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features on our site (including new tools and resources). These new features and services will also be subject to these Terms of Use.
ARTICLE 8 - THIRD-PARTY LINKS
Certain content, products and services available through our Service may include materials from third parties.
Third-party links on this site may direct you to third-party web sites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such sites, and we do not warrant or assume any responsibility for any content, website, products, services or other items accessible on or from such third-party sites.
We are not responsible for any harm or damage related to the purchase or use of any goods, services, resources, content, or any other transactions conducted in connection with such third-party websites. Please read the policies and practices of third parties carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding these third-party products should be submitted to these third parties.
ARTICLE 9 - USER COMMENTS, SUGGESTIONS AND OTHER PROPOSALS
If, at our request, you submit specific content (for example, to enter contests), or if without our request, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by e-mail, by mail, or otherwise (collectively, “Comments”), you grant us the right, at any time, and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any media any Comments you send to us. We are not and shall not be obligated to (1) maintain the confidentiality of any Comments; (2) pay any compensation to anyone for any Comments provided; or (3) respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content that we believe, in our sole discretion, is unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these Terms of Use.
You agree to write comments that do not violate the rights of third parties, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. You also agree that your Comments will not contain any unlawful, libelous, defamatory, offensive or obscene material, nor will your Comments contain any computer virus or other malicious software that could in any way affect the operation of the Service or any associated web site. You may not use a false e-mail address, pretend to be someone you are not, or attempt to mislead us and/or third parties as to the origin of your comments. You are entirely responsible for all comments you post and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
ARTICLE 10 - PERSONAL INFORMATION
The submission of your personal information on our store is governed by our Privacy Policy. Click here to view our Privacy Policy.
ARTICLE 11 - ERRORS, INACCURACIES AND OMISSIONS
From time to time there may be information on our Site or in the Service that may contain typographical errors, inaccuracies or omissions which may relate to product descriptions, prices, promotions, offers, product shipping charges, delivery times and availability. We reserve the right to correct any errors, inaccuracies, omissions, and to change or update information or cancel orders, if any information on the Service or any associated website is inaccurate, at any time and without notice (including after you have placed your order).
We are under no obligation to update, modify or clarify any information in the Service or on any associated website, including but not limited to pricing information, except as required by law. No defined update or refresh date in the Service or on any associated website should be relied upon to conclude that the information in the Service or on any associated website has been changed or updated.
ARTICLE 12 - PROHIBITED USES
In addition to the prohibitions set forth in the Terms of Use, you are prohibited from using the Site or its content: (a) for illegal purposes; (b) to incite others to perform or take part in illegal acts; (c) to violate any regional ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, hurt, slander, libel, disparage, intimidate or discriminate against anyone on the basis of gender, sexual orientation, religion, ethnic origin, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used to compromise the functionality or operation of the Service or any associated or independent website or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, hijack, extort information from, browse, explore or scan the World Wide Web (or any other resource); (j) for obscene or immoral purposes; or (k) to interfere with or circumvent security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating the prohibited uses terms.
ARTICLE 13 - EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
We do not warrant or represent that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may discontinue the Service for indefinite periods of time or cancel the Service at any time without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services provided to you through the Service are (unless otherwise expressly stated by us) provided on an “as is” and “as available” basis for your use, without representations, warranties or conditions of any kind, either express or implied, including all implied warranties of merchantability or merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
AGATE EDITIONS, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors shall in no event be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost revenues, lost savings, lost data, replacement costs or any similar damages, whether in contract, tort (even negligence), in contract, tort (including negligence), strict liability or otherwise, arising out of your use of any service or product provided through the Service, or for any other claims relating in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if you have been advised of the possibility of such claims. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and protect AGATE EDITIONS, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents they reference, or your violation of any law or the rights of a third party.
ARTICLE 15 - SEVERABILITY
In the event that any provision of these Terms of Use is held to be unlawful, void or unenforceable, such provision shall nevertheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severable from these Terms of Use, such severance not to affect the validity and enforceability of any remaining provisions.
ARTICLE 16 - TERMINATION
The obligations and liabilities incurred by the parties prior to the date of termination shall survive the termination of this agreement for all purposes.
These Terms of Use are effective unless and until terminated by either you or not. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease to use our site.
If we determine, in our sole discretion, that you are unsuccessful, or if we suspect that you have been unable to comply with the terms of these Terms Use, we may also terminate this agreement at any time without notice to you and you will remain liable for all amounts owing up to and including the date of termination, and/or we may deny you access to our Services (or any part thereof).
ARTICLE 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use or any other policies or operating rules published by us on this site or in connection with the Service constitute the entire understanding and agreement between you and us and govern your use of the Service, and supersede all prior or contemporaneous communications, proposals and agreements, oral or written, between you and us (including, but not limited to, any prior version of the Terms of Use).
Any ambiguity as to the interpretation of these Terms of Use shall not be construed to the detriment of the drafting party.
ARTICLE 18 - APPLICABLE LAW
These Terms of Use, as well as any separate agreement by means of which we provide you with Services, shall be governed by and construed in accordance with the laws in force at 13 BOULEVARD DE LA RÉPUBLIQUE, 92250 LA GARENNE-COLOMBES, FRANCE.
In the event of a dispute, you will contact AGATE EDITIONS as a priority to obtain an amicable solution.
In the absence of an amicable settlement, you may choose to resort to an amicable mediation solution within a maximum period of one (1) year from your written complaint to AGATE EDITIONS:
ARTICLE 19 - CHANGES TO THE GENERAL TERMS AND CONDITIONS OF SALE AND USE
You can consult the most recent version of the Terms of Use 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 Use by posting updates and changes on our site. It is your responsibility to visit our site periodically to check for changes. Your continued use of or access to our site following the posting of any changes to these Terms of Use constitutes acceptance of such changes.
ARTICLE 20 - PRICES
The prices of our products are indicated in dollars, all taxes excluded, excluding shipping and handling costs.
For all products shipped outside the European Union, VAT will not be applicable, but customs/import duties or other local or state taxes may be payable. AGATE EDITIONS is not responsible for these charges. They will be at your expense and are your sole responsibility, both in terms of declarations and payments to the authorities and competent bodies in your country or locality.
Products will be invoiced on the basis of the rates in force at the time of order registration.
Products remain the property of AGATE EDITIONS until full payment has been received.
ARTICLE 21 - SALE
The sale is deemed concluded on the date on which the chosen means of payment is debited.
AGATE EDITIONS reserves the right to cancel or refuse any order or pre-order from a customer with whom there is a dispute concerning the payment of a previous order.
ARTICLE 22 - VALIDATION
You declare that you have read and accepted the present Terms of Use before placing your order. Confirmation of your order therefore implies acceptance of these Terms of Use.
In the absence of proof to the contrary, the data recorded by AGATE EDITIONS constitutes proof of all transactions between AGATE EDITIONS and its customers.
ARTICLE 23 - AVAILABILITY
Our products and prices are valid as long as they are visible on the site, while stocks last.
Nevertheless, in exceptional cases, simultaneous orders or stock errors may render the product ordered unavailable.
In the event of product unavailability after you have placed your order, we will inform you by e-mail or post as soon as we receive the information from our suppliers. If you wish, your order can be cancelled and you will be reimbursed immediately if your bank account has been debited.
ARTICLE 24 - DELIVERY
AGATE EDITIONS delivers to most countries in the world.
Shipments are made from Monday to Friday. Products are delivered to the delivery address indicated during the order process. Delivery times are indicative only and do not constitute a contractual document.
The status of the delivery, visible on the tracking system, is proof of the correct delivery of your parcel. AGATE EDITIONS cannot be held responsible for any theft of a parcel marked as “delivered”.
ARTICLE 25 - PAYMENT
Payment is made by credit card.
ARTICLE 26 - COMPLAINTS / RETURNS
At the time of delivery, it is your responsibility to check the condition of the parcel, and to make any reservations - or even to refuse it - at the time of signature. We undertake to exchange defective products or those that do not correspond to your order, as well as damaged products if this has been notified at the time of signature.
In this case, we would be grateful if you could send a detailed report to Support (see Article 28) within a maximum of one week of receipt of the parcel, prior to any return.
In the event of defective products or components, we will ask you to return the product(s) or component(s) so that we can send you a replacement. Return instructions will be sent to you in reply to your e-mail.
ARTICLE 27 - DEMATERIALIZED PRODUCTS
27.1 Technical requirements
The latest version of Adobe Acrobat Reader is required to view PDF content. This software is free and can be downloaded freely.
These Terms of Use and general technical constraints are presumed to be known and accepted when the order is placed. Under no circumstances may a claim or request for reimbursement be made on the basis of ignorance or refusal of these Terms of Use.
27.2 Order and delivery
Once your payment has been validated, your order is confirmed and cannot be cancelled or refunded.
You can find all the files for the dematerialized products you have purchased in your Kick&Go account.
Once you have received the download links for the digital files you have ordered, you no longer have the optio
n of cancelling your order and the price of your purchase will be automatically debited, even if you subsequently decide not to download the files.
Once the download links have been sent, orders for digital files are considered firm and final, and may not be exchanged or reimbursed.
27.3 Disclaimer
AGATE EDITIONS cannot be held responsible for the limitations of the Internet, and in particular for its technical performance and response times for consulting, querying or transferring data. In addition, it is your responsibility to take all appropriate measures to protect your own data and software from contamination by computer viruses.
In certain countries, the laws in force prohibit or restrict free access to certain works; you undertake to check that, with regard to the law of the place of order, there are no similar prohibitions or restrictions concerning the digital files ordered.
AGATE EDITIONS cannot be held responsible for any malfunction occurring at the time of downloading the digital files ordered and which is not their fault.
ARTICLE 28 - CONTACT DETAILS
Questions concerning the Terms of Use should be sent to us via our contact form or by writing to support@studio-agate.com.