Terms of service

TERMS AND CONDITIONS OF USE

This website is operated by Thomas Hurel-Ottomani. Throughout this site, the terms "we," "us," and "our" refer to Thomas Hurel-Ottomani.

Thomas Hurel-Ottomani offers this website, including all information, tools, and services available on it, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing from us, you engage in our "Service" and agree to be bound by the following Terms and Conditions, including any additional terms, conditions, and policies referenced herein. These Terms apply to all users of the site, including browsers, customers, merchants, and content contributors.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms, you may not access the website or use any of its services.

Any new features or tools added to this store will also be subject to these Terms. You can review the most current version at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check this page periodically for changes. Your continued use of the site following any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell our products and services to you.

SHIPPING & DELIVERY

We deliver your orders within 4 to 7 business days. You will receive a tracking number once your order has shipped. If you have not received your tracking number within 72 hours, please contact us at contact@sunshade-garden.com and our customer service team will provide it promptly.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms, you confirm that you are of legal age in your state or country of residence, and that you have given us consent to allow any minors in your care to use this website.

You may not use our products for any illegal or unauthorized purpose, and you must not violate any laws in your jurisdiction, including copyright laws. You must not transmit any worms, viruses, or destructive code. A breach of any of these Terms will result in immediate termination of your account.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone at any time for any reason.

You understand that your content (excluding credit card information) may be transferred unencrypted and may involve transmissions over various networks and changes to conform to technical requirements. Credit card information is always encrypted during transfer.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission.

SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information on this site is inaccurate, incomplete, or out of date. Content on this site is provided for general information only. Reliance on this site as your sole source of information is at your own risk. We reserve the right to modify content at any time without obligation to update it.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices are subject to change without notice. We reserve the right to modify or discontinue the Service at any time without notice and without liability.

SECTION 5 – PRODUCTS OR SERVICES

Certain products may be available exclusively online and in limited quantities, subject to our Return Policy. We have made every effort to display product colors and images as accurately as possible, but we cannot guarantee your screen will display colors accurately.

We reserve the right to limit sales of our products to any person, geographic region, or jurisdiction, and to limit quantities at our discretion. All product descriptions and prices may be changed at any time without notice. Any offer made on this site is void where prohibited by law.

We do not warrant that the quality of any products or services purchased will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order, including orders from the same account, credit card, or billing/shipping address.

You agree to provide current, complete, and accurate purchase and account information for all orders placed through our store, and to promptly update your account information as needed.

For more details, please see our Return Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide access to third-party tools that we neither monitor nor control. These tools are provided "as is" and "as available" without warranties of any kind. Your use of optional third-party tools is entirely at your own risk.

SECTION 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 redirect you to websites that are not affiliated with us. We are not responsible for examining or evaluating their content and assume no liability for any third-party materials, products, or services. Please review their policies carefully before engaging in any transactions.

SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If you submit creative ideas, suggestions, proposals, or other materials — whether online, by email, or otherwise — you grant us the right to use, edit, copy, publish, distribute, and translate such content in any medium at any time without restriction. We are under no obligation to maintain confidentiality, compensate anyone for submissions, or respond to comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine is unlawful, offensive, threatening, defamatory, pornographic, or otherwise objectionable.

You agree that your comments will not infringe any third-party rights, will not contain unlawful or harmful material, and will not include false information. You are solely responsible for the accuracy of your comments.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be typographical errors, inaccuracies, or omissions on our site related to product descriptions, pricing, promotions, shipping charges, delivery times, or availability. We reserve the right to correct any errors and to cancel orders if any information is inaccurate, at any time without prior notice (including after you have placed an order).

SECTION 12 – PROHIBITED USES

In addition to other prohibitions set forth in these Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform unlawful acts; (c) to violate any federal, state, or local regulations; (d) to infringe upon our intellectual property or that of others; (e) to harass, abuse, insult, harm, defame, slander, 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 malicious code; (h) to collect or track personal information of others; (i) to spam, phish, or scrape; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent security features of the Service or the internet. We reserve the right to terminate your use of the Service for any prohibited use.

SECTION 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We do not guarantee that your use of the Service will be uninterrupted, timely, secure, or error-free. We do not warrant that results obtained from the Service will be accurate or reliable.

You expressly agree that your use of the Service is at your sole risk. The Service and all products and services delivered through it are provided "as is" and "as available" without any representation, warranties, or conditions of any kind, whether express or implied.

Thomas Hurel-Ottomani, its directors, officers, employees, affiliates, agents, contractors, suppliers, and service providers shall not be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data, or replacement costs. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Thomas Hurel-Ottomani and its affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, 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 or your violation of any law or the rights of a third party.

SECTION 15 – SEVERABILITY

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the unenforceable portion shall be deemed severed from these Terms. Such severance shall not affect the validity and enforceability of any remaining provisions.

SECTION 16 – TERMINATION

All obligations and liabilities incurred prior to the termination date shall survive termination. These Terms are effective unless terminated by you or us. You may terminate at any time by notifying us that you no longer wish to use our Services.

If we determine, in our sole discretion, that you have failed to comply with these Terms, we 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.

SECTION 17 – ENTIRE AGREEMENT

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

These Terms, along with any policies or operating rules we post on this site, constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements, communications, or proposals.

SECTION 18 – GOVERNING LAW

These Terms and any separate agreements through which we provide you Services shall be governed by and construed in accordance with the laws of the State of New York, United States.

SECTION 19 – CHANGES TO TERMS AND CONDITIONS

You can review the most current version of these Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. Your continued use of the site after any changes constitutes your acceptance of the new Terms.

SECTION 20 – CONTACT INFORMATION

Company: SunshadeGarden, operated by Thomas Hurel-Ottomani

Email: contact@sunshade-garden.com

Hosted by: Shopify Inc., 150 Elgin Street, Suite 800, Ottawa, Ontario K2P 1L4, Canada