Terms and Conditions of Sale and Use
This website is operated by “Genius Shopping”. Throughout the site, the terms “we”, “us” and “our” refer to “Genius Shopping”. “Genius Shopping” 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 our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Sale”, “Terms and Conditions of Sale and Use”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions of Sale and Use apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms and Conditions of Sale and 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 and Conditions of Sale and 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 and Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these Terms and Conditions of Sale and Use.
Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions of Sale and Use. You can review the most current version of the Terms and Conditions of Sale and Use at any time on this page. We reserve the right to update, change, or replace any part of these Terms and Conditions of Sale and 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 on Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.
ARTICLE 1 – CONDITIONS OF USE FOR OUR ONLINE STORE
By accepting these Terms and Conditions of Sale and 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 dependents to use this website.
The use of our products for any illegal or unauthorized purpose is prohibited, and you must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses, or any code of a destructive nature.
Any breach or violation of any of the Terms will result in the immediate termination of your Services.
ARTICLE 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ARTICLE 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if the information available on this site is not accurate, complete, or current. The content on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Our site acts as an intermediary and represents a showcase platform intended to facilitate the sale of products from our various partners based inside and outside the European Union. We do not directly resell our own products and do not hold stock. We act on behalf of other resellers by displaying their products on our site. If you have any doubts or questions, it is your responsibility to inquire about the origin of our products and their compatibility with the standards in your country. Genius Shopping disclaims all liability regarding the use of our partners’ products if they prove to be incompatible with the standards of your country of residence. Any questions should be directed to contact@genius-shopping.com.
ARTICLE 4 – MODIFICATIONS TO THE SERVICE AND PRICES
As many Products are imported from abroad (outside the European Union), at the request of Customers, the prices of Products sold through the websites are quoted in Euros excluding taxes (excluding VAT and customs duties) unless otherwise stated. They are precisely determined on the product description pages. They are also quoted in Euros excluding taxes (excluding VAT and customs duties), unless otherwise stated, on the product order page, and excluding specific shipping costs.
Product prices do not include import VAT, import taxes, or customs duties, which must be paid in addition and are entirely the responsibility of the Customer, who is liable for these taxes as the recipient of the Product.
Product prices do not include packaging, handling, shipping, transportation, insurance, and delivery costs to the delivery address.
The Customer is solely responsible for the process of declaration and payment of import VAT during the customs clearance of the Product. They may be required to pay import VAT. Since this tax is not the responsibility of the Company, it cannot be refunded by the Company.
For all products shipped outside the European Union and/or French overseas territories, the price is automatically calculated excluding taxes on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. The Company has no control over these fees and amounts.
These will be the responsibility of the Customer and are their responsibility (declarations, payments to the competent authorities, etc.). The Company invites the Customer to inquire about these aspects with the corresponding local authorities.
ARTICLE 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be exclusively available online through our website. These products or services may have limited quantities and can only be returned or exchanged according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear in our store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products and product pricing 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 for any product or service made on this site is void where prohibited by law.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained 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, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under 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 make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Return Policy.
ARTICLE 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
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. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions of Sale and Use.
ARTICLE 8 – THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
ARTICLE 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions of Sale and Use.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make 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
Your submission of personal information through the store is governed by our Privacy Policy. Click here to view our Privacy Policy.
ARTICLE 11 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
ARTICLE 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms and Conditions of Sale and Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, 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 in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
ARTICLE 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee or claim in any way that your use of our Service will be uninterrupted, timely, secure, or error-free.
We do not guarantee 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 remove the Service for indefinite periods of time or cancel the Service at any time, without prior 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 delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Genius Shopping, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related 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 the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
ARTICLE 14 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Genius Shopping and our parent, 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 and Conditions of Sale and Use or the documents they incorporate by 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 and Conditions of Sale and 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 to be severed from these Terms and Conditions of Sale and Use, such determination shall not affect the validity and enforceability of any other remaining provisions.
ARTICLE 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions of Sale and Use are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions of Sale and Use, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
ARTICLE 17 – ENTIRE AGREEMENT
Any failure by us to exercise or enforce any right or provision of these Terms and Conditions of Sale and Use shall not constitute a waiver of such right or provision.
These Terms and Conditions of Sale and Use, and any policies or operating rules posted by us on this site or in respect 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, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions of Sale and Use).
Any ambiguities in the interpretation of these Terms and Conditions of Sale and Use shall not be construed against the drafting party.
ARTICLE 18 – GOVERNING LAW
These Terms and Conditions of Sale and Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the country of residence hosting the company operating the “Genius Shopping” brand.
ARTICLE 19 – CHANGES TO TERMS AND CONDITIONS OF SALE AND USE
You can review the most current version of the Terms and Conditions of Sale and Use at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms and Conditions of Sale and Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions of Sale and Use constitutes acceptance of those changes.
ARTICLE 20 – CONTACT INFORMATION
The Genius Shopping brand belongs to Genius Shopping.
Questions about the Terms and Conditions of Sale and Use should be sent to us at contact@genius-shopping.com.