Terms of service
General Terms of Use for the EXKISE Site
These General Terms of Use, hereinafter referred to as "ToU", are intended to define the terms of access and use of the EXKISE Site by any person who consults it, browses it, or uses the features offered on it.
These ToU apply to the entire EXKISE Site.
When the Customer makes a purchase on the Site, the General Terms and Conditions of Sale as well as the other applicable policies, including the Privacy Policy, Return and Refund Policy, and Shipping Policy, also apply.
For the purposes of these terms:
- Site:refers to all pages, contents, features, and resources accessible on the EXKISE Site.
- User:refers to any person accessing the Site or browsing it, whether they are a simple visitor or a Customer.
- Customer:refers to any User who has placed or wishes to place an order on the Site.
- EXKISE:refers to the publisher and operator of the Site as well as the store selling the products featured on it.
Use of the Site
The User undertakes to use the Site in accordance with applicable laws and regulations as well as these ToU.
In particular, it is prohibited to use the Site in a manner that is likely to:
- to infringe the rights of EXKISE or third parties;
- to harm the proper functioning, security, or integrity of the Site;
- to introduce viruses, malware, or any other element likely to damage the Site;
- to fraudulently access all or part of the Site or data to which the User is not authorized to access;
- to use the Site’s content for fraudulent, illegal, or public order-violating purposes;
- to collect or exploit information present on the Site in an automated or abusive manner without prior authorization.
In the event of a violation of these ToU, EXKISE reserves the right to take any appropriate measure, including limiting or suspending the User’s access to the Site, without prejudice to any action that may be taken when the situation warrants it.
User Account
Certain features of the Site may require the creation of a personal account.
The User undertakes to provide accurate, complete, and up-to-date information.
The User is responsible for the confidentiality of their credentials and all activities carried out from their account.
In the event of unauthorized use of their account or suspicion regarding the security of their credentials, the User is invited to contact EXKISE as soon as possible at the following address:
EXKISE reserves the right to suspend or delete an account used fraudulently, abusively, or in violation of these ToU.
Intellectual Property
The Site as well as all elements that compose it or are featured on it, including texts, photographs, videos, illustrations, graphics, logos, trademarks, visual elements, layouts, designs, icons, and content, are protected by applicable intellectual property provisions.
Except with the prior written authorization of EXKISE or when expressly authorized by law, any reproduction, representation, modification, adaptation, distribution, extraction, publication, exploitation, or use, in whole or in part, of these elements is prohibited.
Any unauthorized use may constitute an infringement of the intellectual property rights of their holder.
Browsing the Site does not grant the User any property rights over the elements featured on it.
Site Availability
EXKISE uses reasonable means to maintain the Site accessible and functional.
Access to all or part of the Site may nevertheless be temporarily interrupted, limited, or suspended, notably due to:
- maintenance operations;
- updates;
- technical interventions;
- security incidents;
- technical failures;
- problems affecting telecommunications networks;
- or any event beyond the control of EXKISE.
EXKISE does not guarantee that the Site will be available continuously, without interruption, or free of any technical error.
Information Available on the Site
EXKISE uses reasonable efforts to present information that is as accurate, complete, and up-to-date as possible.
However, errors, omissions, or differences may appear.
The product photographs, illustrations, graphics, and renders are presented for illustrative purposes. Depending notably on screen settings, lighting, or shooting conditions, certain colors or details may slightly differ from the actual product.
The essential product characteristics applicable to an order are those indicated on the product page at the time of purchase.
Liability
Each User remains responsible for their use of the Site and the information accessible on it.
Within the limits authorized by applicable law, EXKISE cannot be held liable for damages resulting notably from:
- use of the Site not in compliance with these ToU;
- temporary interruption of the Site;
- a malfunction arising from the User’s hardware, browser, internet connection, or computer environment;
- an external event beyond the reasonable control of EXKISE.
No provision of these ToU is intended to limit or exclude a right or guarantee that the consumer is entitled to by mandatory applicable law.
Links to Third-Party Sites
The Site may contain links allowing access to sites, platforms, or services operated by third parties.
EXKISE exercises no control over these third-party sites and cannot be held responsible for their content, availability, practices, or privacy policies.
The User is invited to review the terms and policies applicable to these services before using them.
Cookies
The Site may use cookies and similar technologies necessary for its operation as well as, subject to the choices expressed by the User when consent is required, cookies intended notably to measure audience, personalize the user experience, or offer adapted content and advertisements.
During their first visit, the User may be prompted to accept, refuse, or customize the use of certain cookies.
The User may modify their cookie preferences when the tools available on the Site allow it.
Strictly necessary cookies for the Site’s operation may be used without consent when applicable law allows it.
Personal Data
In the context of using the Site, EXKISE may collect and process certain personal data.
These processing operations are carried out in accordance with the Privacy Policy available on the Site and applicable personal data protection regulations.
For any questions regarding personal data, the User may contact EXKISE at:
Commercial Communications
When the User has agreed to receive commercial communications from EXKISE, they may withdraw their consent at any time, notably by using the unsubscribe link included in the relevant communications or by contacting:
Withdrawing consent regarding marketing communications does not prevent EXKISE from sending the Customer communications necessary for the execution and follow-up of their orders, such as order confirmations, delivery-related information, refunds, or customer service-related messages.
Amendment of These ToU
EXKISE reserves the right to amend these ToU notably to adapt them to changes in the Site, its services, or applicable regulations.
The applicable version is that published on the Site at the time of consultation.
The User is advised to review this page regularly to become aware of any changes.
Partial Nullity
If any provision of these ToU is deemed null, invalid, or unenforceable, the other provisions shall remain fully applicable.
Applicable Law and Dispute Resolution
These ToU are governed by French law, subject to mandatory provisions that may apply to the consumer depending on their country of residence.
In the event of a difficulty or dispute related to the use of the Site, the User is invited to first contact EXKISE to seek an amicable resolution.
No provision of these ToU deprives a consumer of the rights or remedies granted to them by applicable mandatory law.
Contact
For any questions regarding the Site or these General Terms of Use, you may contact EXKISE at the following address: