Conditions d’utilisation

OVERVIEW

Welcome to MOSTINEO®! The terms "we", "our" and "us" refer to MOSTINEO®. MOSTINEO® operates this store and website, including all associated information, content, features, tools, products and services, in order to provide you, the customer, with a personalized shopping experience (the "Services"). MOSTINEO® uses the Shopify platform, which enables us to offer you the Services.

The terms and conditions set out below, together with the policies referenced herein (the "Terms of Use" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Use carefully, as they contain important information about your legal rights, including disclaimers of warranties and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Use and our Privacy Policy [LINK]. If you do not agree to these Terms of Use or to the Privacy Policy, you must not use or access our Services.

ARTICLE 1 – ACCESS AND ACCOUNT

By accepting these Terms of Use, you represent that you have reached the age of majority in your state or province of residence, and you give us your consent to allow any of your minor dependents to use the Services on devices that you own, purchase or manage.

To use the Services, including to access or browse our online stores or to purchase any of the products or services we offer, you may be required to provide certain information, such as your email address and your 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 rights necessary to provide such information.

You are solely responsible for the security of your account credentials and for all activity associated with your account. You may not transfer, sell, assign or license your account to any other person.

ARTICLE 2 – OUR PRODUCTS

We have made every effort to display our products and services in our online stores as accurately as possible. Please note, however, that the colors or appearance of the products may differ from what is displayed on your screen due to the type of device you use to access the store, as well as its settings and configuration.

We do not warrant that the appearance or quality of the products or services you have purchased will meet your expectations or will be identical to what is displayed or rendered 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 the sale of any product at any time and may limit the quantities of any products we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

ARTICLE 3 – ORDERS

When you place an order, you are making an offer to purchase. MOSTINEO® reserves the right to accept or decline your order, for any reason, at its discretion. Your order is deemed accepted only upon written confirmation from MOSTINEO®. We must receive and process your payment before your order is validated. Please review your order carefully before submitting it, as MOSTINEO® may not be able to accept cancellation requests once the order has been confirmed. If your order is declined, modified or cancelled, we will attempt to contact you using the email address, billing address and/or telephone number provided at the time of the order.

Your purchases are subject to the return or exchange conditions set out in 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.

ARTICLE 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 at the time the order is placed and will be stated in your order confirmation email. Unless expressly stated otherwise, the prices displayed do not include taxes, shipping charges, handling fees, customs duties or import charges.

Prices displayed in our online stores may differ from those offered in our physical stores or on other online platforms operated by third parties. From time to time, we may offer promotions on our Services that may affect prices and that are governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion shall 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 information, including your email address, credit card numbers and their expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that: (i) your credit card information is true, correct and complete, (ii) you are authorized to use that card for the purchase, (iii) the charges incurred will be honored by the company that issued your card, and (iv) you will pay the charges incurred at the prices displayed, including shipping and handling charges and all applicable taxes.

ARTICLE 5 – SHIPPING AND DELIVERY

We cannot be held liable for any shipping or delivery delays. All delivery times indicated are estimates and are not guaranteed. We disclaim any liability for delays caused by carriers, customs formalities or any event beyond our control. As soon as the products are handed over to the carrier, title and risk of loss pass to you.

ARTICLE 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all registered trademarks, trademarks, text, displays, images, graphics, product reviews, video and audio content, as well as their design, selection and arrangement, are the exclusive property of MOSTINEO®, its affiliates or its licensors. They are protected by United States and foreign patent, copyright and intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material on the Services without our prior written consent. Except as expressly provided in these Terms, nothing shall be construed as granting you a license or any other right in or to any patent, trademark, copyright or other intellectual property of MOSTINEO®, Shopify or any third party. Any unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by MOSTINEO®.

The MOSTINEO® names, logos, product and service names, designs and slogans are registered trademarks of MOSTINEO®, its affiliates or its licensors. You may not use them without the prior written permission of MOSTINEO®. The Shopify name, logo, product and service names, designs and slogans are registered trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

ARTICLE 7 – OPTIONAL TOOLS

You may be given access to third-party customer tools as part of the Services, which we neither monitor nor have any control over or input into.

You acknowledge and agree that we provide access to such tools "as is" and "as available", without any warranties, representations or conditions of any kind, and without any endorsement on our part. We disclaim all liability arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion. You are responsible for ensuring that you are familiar with and accept the terms applicable to such tools, as set out by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features will be considered an integral part of the Services and will be subject to these Terms of Use.

ARTICLE 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access. If you decide to leave the Services to access such third-party materials or websites, you do so at your own risk.

We disclaim all liability for any harm or damage related to your access to third-party websites, or to the purchase or use of products, services, resources or content on those websites. We encourage you to carefully review third-party policies and practices and to make sure you understand them before entering into any transaction. Any claims, complaints, concerns or questions regarding third-party products and services should be directed to the relevant third party.

ARTICLE 9 – RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANT: this section accurately describes the relationship between Shopify and your store and must not be deleted or modified.]

MOSTINEO® is powered by Shopify, which enables us to provide you with the Services. However, any sale or purchase made in our Store is made directly with MOSTINEO®. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and MOSTINEO®, including any damage, harm or loss resulting from the products or services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages and liabilities arising from or relating to your purchase and transaction with MOSTINEO®.

ARTICLE 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, available here [LINK], and certain personal information may also be subject to Shopify's Privacy Policy, available 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 in order to provide and improve them. The information you submit to the Services will be transmitted to and shared with Shopify, as well as with third parties that may be located in countries other than the one in which you reside, in order to provide you with the services. Please see our privacy policy [LINK] for more details on how we, Shopify and our partners use your personal information.

ARTICLE 11 – FEEDBACK

If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or any other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable and non-exclusive license to use, reproduce, modify, publish, distribute and display such Feedback for any purpose, including commercial purposes. For example, we may use our rights under this license to operate, provide, evaluate, improve and promote the Services and to fulfill our obligations and exercise our rights under the Terms of Use.

You also represent and warrant that: (i) you own or have all necessary rights in the Feedback; (ii) you have disclosed any compensation or incentive received in connection with the submission of your Feedback; (iii) your Feedback complies with these Terms. We are and will be under no obligation (1) to maintain the confidentiality of your Feedback; (2) to pay compensation for your Feedback; (3) to respond to your Feedback.

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

You agree that your Feedback will not infringe any third-party rights, including copyrights, trademarks, data protection rights, personality rights or any other personal or proprietary rights. You further agree that your Feedback will not contain any defamatory, unlawful, abusive or obscene material, nor any computer virus or malicious software that could affect the operation of the Services or of any related website. You may not use a false email address, impersonate any person, or otherwise mislead us or third parties as to the origin of the Feedback. You are solely responsible for your Feedback and its accuracy. We disclaim all liability and shall not be held responsible for any Feedback posted by you or by any third party.

ARTICLE 12 – ERRORS, INACCURACIES AND OMISSIONS

The Services may occasionally contain information that includes typographical errors, inaccuracies or omissions, in particular regarding product descriptions, pricing, promotions, offers, shipping charges, transit times or product availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time and without prior notice (including after you have submitted your order).

ARTICLE 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes. You are strictly prohibited from accessing or using the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) in violation of any international, federal, provincial, state or local regulation, rule or law; (c) in a manner that infringes the intellectual property rights of MOSTINEO®, Shopify or any third party; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or injure any of our employees or any other person; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, use or reuse any content that does not comply with these Terms; (g) to transmit or procure the sending of any advertising or promotional material, including "junk mail", "chain letters", "spam" or any other similar solicitation; (h) to impersonate or attempt to impersonate any person or entity; (i) to engage in any conduct that may restrict or inhibit anyone's use or enjoyment of the Services, or that, in our judgment, may harm MOSTINEO®, Shopify or users of the Services, or expose them to any liability.

In addition, you agree not to: (a) upload or transmit viruses or any other malicious code that could affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) engage in spamming, phishing, pharming or pretexting through the Services; (e) use any robots, spiders, scraping tools, data harvesting or extraction tools, automated devices, AI tools (including agentic AI) or any automated or manual means to access the Services; (f) interfere with, circumvent or disable any security or authorization features, robot exclusion headers or any other measures we implement to restrict access to the Services. We reserve the right to suspend, disable or terminate your account at any time and without notice if we determine that you have breached any of the provisions of these Terms.

ARTICLE 14 – AGENTS

14.1 This section (the "Agent Terms") applies if you use, authorize, enable or cause the deployment of an Agent to access, use or interact with the Services. An "Agent" means any software or service acting autonomously or semi-autonomously on behalf of, or at the direction of, a person or entity, and which may run on a device owned or used by a person, without direct supervision.

14.2 No Agent may access, use or interact with the Services unless it identifies itself at all times and operates in strict compliance with the conditions set out in section 14.4 below. In addition, no Agent may access, use or interact with the Services if we have requested that such Agent refrain from accessing, using or interacting with any service.

14.3 We may limit, including by technical means, whether and how an Agent accesses, uses and interacts with the Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, indicate that the request originates from an Agent and disclose the Agent's name by including the following statement in the user agent string: "Agent/[agent name]"; (ii) not conceal or disguise the fact that the access, use or interactions originate from an Agent, including by (a) mimicking human behavior or interaction patterns, or (b) bypassing or completing CAPTCHAs or measures intended to distinguish computer use from human use; (iii) answer honestly any question or prompt intended to determine whether the interactions originate from a human or a computer; (iv) not circumvent or avoid any measure intended to block, limit, modify or control Agents' access to, use of, or interactions with the Services.

ARTICLE 15 – TERMINATION

We reserve the right to terminate this agreement or your access to the Services (or any part thereof), at our sole discretion, at any time and without notice. You will remain liable for all amounts due up to and including the date of termination.

The following articles will survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision whose nature implies that it should survive termination.

ARTICLE 16 – DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available for general information purposes only. We do not warrant 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 and warranties regarding any consequences arising from the use of this information by you, any other visitor to the Services, or any person who may be informed of its contents.

EXCEPT AS EXPRESSLY STATED BY [MERCHANT], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS 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 WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO YOU.

ARTICLE 17 – LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [MERCHANT], OUR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, NOR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY DAMAGE, LOSS OR CLAIM, OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, SAVINGS OR DATA, REPLACEMENT COSTS OR ANY OTHER SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR OF ANY PRODUCT OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR OF ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY ERROR OR OMISSION IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THEIR POSSIBILITY.

ARTICLE 18 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless MOSTINEO®, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers, from and against any loss, damage, liability or claim, including reasonable attorneys' fees, owed to a third party and arising from (1) your breach of these Terms of Use or of the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any claim covered by this indemnity, provided that a failure to give prompt notice will not relieve you of your obligations unless you are materially prejudiced as a result. We may assume the defense and settlement of any claim at your expense, including the choice of legal counsel, but we will not settle any claim involving non-monetary obligations on your part without your consent (which you may not unreasonably withhold). You will cooperate in the defense of claims covered by this indemnity, including by providing relevant documents.

ARTICLE 19 – SEVERABILITY

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Use. Such determination shall not affect the validity or enforceability of any remaining provisions.

ARTICLE 20 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.

These Terms of Use, together with any policies or operating rules posted by us on this site or in respect of the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede any prior or contemporaneous agreements, communications or proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms of Use).

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

ARTICLE 21 – 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 unauthorized assignment shall be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or prior notice.

ARTICLE 22 – GOVERNING LAW

These Terms of Use, as well as any separate agreement under which we provide you with the Services, shall be governed by and construed in accordance with the federal laws and the laws of the states or territories of the competent courts in the jurisdiction in which MOSTINEO® has its head office. You and MOSTINEO® expressly consent to the territorial and personal jurisdiction of those courts.

ARTICLE 23 – HEADINGS

The headings used in this agreement are included for convenience only and will not affect or limit the interpretation of these Terms.

ARTICLE 24 – CHANGES TO THE TERMS OF USE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our site periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date stated in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes.

ARTICLE 25 – CONTACT INFORMATION

For any questions regarding these Terms of Use, please contact us at: contact@mostineo.com.

Our contact details are set out below:

ECOMY LLC contact@mostineo.com