Terms of Use

Welcome to the website. These Terms of Use apply to this website and its mobile application (collectively referred to as the "Site"). In these Terms of Use, the terms "we" or "us" refer to Clover4 S.A.S. We may establish different or additional terms of use specific to certain subdomains of the Site, programs, or activities.

We make the Site, as well as the products and services we offer, available to you subject to these Terms of Use. By using the Site, you agree to these Terms of Use and any modifications we may make to them from time to time. You may view the most recent version of these Terms of Use at any time by clicking the "Terms of Use" link located in the footer of any section of the Site.

Please read these Terms of Use carefully and in their entirety. They describe our rights regarding the Site, as well as your rights and obligations in relation to its use. Do not use the Site if you do not wish to accept these Terms of Use.

We may modify the site and the products and services we offer on it.

We may make changes to the Site and to the products and services we offer from time to time. We reserve the right, though not the obligation, to take any of the following actions at our sole discretion and without prior notice:

• modify or cancel all or part of the products and services we offer on the Site;
• restrict or cancel your access to all or part of the Site or the products and services we offer on it;
• remove any content from the Site and not publish or remove any material you submit to the Site; or modify these Terms of Use.

We have the right to determine who may use the Site.

You must be 13 years of age or older to use the Site. If you are not at least 13 years old, please do not use the Site. Furthermore, we reserve the right to deny access to or use of the Site—as well as the products and services offered therein—to any person at any time, at our sole and absolute discretion.

You have a limited right to use the Site.

Provided you comply with all your obligations under these Terms of Use, we grant you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license and right to access the Site via a generally available web browser or mobile device for the purpose of viewing content and information, and using the Site in accordance with its functionality and these Terms of Use. Any other use of the Site is strictly prohibited and constitutes a violation of these Terms of Use. All content included on the Site—such as text, graphics, logos, images, videos, data, and other materials (collectively referred to as the "Content")—is owned or licensed by us and is protected by copyright, trademark, patent, or other proprietary rights. The compilation, arrangement, and organization of all Content on the Site are the exclusive property of Clover4 S.A.S. and are protected by copyright laws. We expressly reserve all intellectual property rights regarding the Content.

You may not use the Site for improper purposes.

Whether on your own behalf or on behalf of a third party, you may NOT:

• Make any commercial use of the Site or its content
• Using or attempting to use any engine, software, tool, agent, or other device or mechanism (including browsers, spiders, robots, or intelligent agents) to navigate or search the Site, other than the search engine and search agents available on the Site or generally publicly available browsers;
• Framing, replicating via frames, or using framing techniques on any part of the Site without our prior express written consent; using data mining tools, scraping, or other information-gathering means, or creating a database by systematically downloading or storing Site content, or otherwise extracting, collecting, storing, or using any Content, product listings, descriptions, prices, or images, except pursuant to the limited license granted by these Terms of Use;
• Use meta tags or any other hidden text that employs or displays any name or trademark used or exhibited on the Site;
• Falsifying a user's identity, impersonating any person or entity, falsely stating or otherwise misrepresenting your affiliation with any person or entity in connection with the Site, or stating or implying that we endorse any statement you make;
• Engaging in fraudulent activities on the Site;
• violate or attempt to violate the security of the Site, including, without limitation: (i) accessing data not intended for you or logging into a server or account for which you do not have authorization; (ii) attempting to interfere with service to any user, host, or network, including, without limitation, by sending malware to the Site, overloading, flooding, spamming, mailbombing, or crashing the system; (iii) forging any header or part of the header information in any email or posting; (iv) forging communications on behalf of the Site (impersonating the Site) or directed to the Site (impersonating another user);
• use the Site to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of third parties;
• Modify, adapt, translate, reverse engineer, decompile, or disassemble any part of the Site; or
• Remove any copyright, trademark, or other proprietary rights notices from the Site or from materials originating from the Site.

Your account is your responsibility.

If you register on the Site and create an account and password, you are responsible for all activity occurring through your account. You agree to keep your password secure and confidential, not to allow others to use your account, and not to use third-party accounts. You must notify us immediately of any unauthorized use of your password or account, as well as any security breach. If you discover that your account has been compromised, you must change your password immediately.

You agree to receive notifications from us via the Site or by email.

We may communicate important information regarding the Site and the products and services offered on it by posting notices on the Site, sending an email to the address associated with your account, or by other means. Please review your account information to manage and limit the types of messages you receive from us.

Our data collection and privacy practices are described in our Privacy Policy.

We recommend that you carefully read our Privacy Policy before using the Site, as it is incorporated into these Terms of Use by reference and governs the processing of any information—including personally identifiable information—that you provide to us.

Terms and conditions of purchase

By placing an order to purchase products and services through the Site, you agree to comply with and be bound by these Terms and Conditions of Purchase.

We may reject or cancel orders.

While we will make every effort to fulfill all orders, we cannot guarantee the availability of any specific product listed on the Site. We reserve the right to discontinue the sale of any product listed on the Site at any time without prior notice.

Receipt of an order number or an order confirmation via email does not constitute acceptance of the order or confirmation of an offer to sell. We reserve the right, without prior notice, to limit the quantity of items per order and/or to refuse service to any customer. We may require verification of information before accepting an order.

We reserve the right, at our sole discretion, to refuse or cancel any order for any reason.

We may modify the information—including prices—regarding the products and services appearing on the Site.

All descriptions, images, references, features, content, specifications, products, and prices of the products and services described or displayed on the Site are subject to change at any time without prior notice (including after an order has been placed). We will correct any errors we detect and reserve the right to revoke any published offer and to correct errors, inaccuracies, or omissions (including after an order has been submitted). Prices and products at local stores may vary by location. Prices for products offered on the Site may differ from other advertised prices.

Prices displayed on the Site do not include shipping costs or sales tax (if applicable); these amounts will be added to the total invoice price. You are responsible for paying shipping and handling charges, as well as any taxes that may apply to your order.

Unless otherwise indicated, all discounts or savings shown for products on the Site are calculated based on our total retail price for the product or on an estimated comparative price that may or may not represent the prevailing price in a given area on a specific day. For certain items offered as a set, the discounts or savings shown may represent the sum of our retail prices for each item included in the set, or may be based on an estimated comparative price for the set or for each individual item—which may or may not represent the prevailing price in a given area on a specific day.

We cannot confirm the price of an item until you place your order. Despite our best efforts, some items on the Site may be mispriced. If an item's correct price is higher than the price we stated, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of the cancellation.

Why we ask for your postal code

To determine the availability and pricing of local products, we need your postal code. The postal code links your request to a specific location or region. Your privacy is of the utmost importance to us, so no personally identifiable information is collected when using this feature.

Shipping and delivery; Cancellation; Return policy

The risk of loss passes to you the moment we hand the goods over to the carrier.

All items purchased on the Site are processed pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

We disclaim all legal liability for the products and services offered on the Site.

We make no representations or warranties regarding the products and services on the site. Please consult the disclaimers and limitations of liability included in our Terms of Use for more information. Products available on the site may come with a manufacturer's warranty, offered by the product manufacturer itself. Please refer to the product packaging and documentation for further details.

You are responsible for what you send.

We appreciate your reviews, comments, and other communications, photos, videos, or any other content you submit through the Site ("User Content"), provided that such content complies with these Terms of Use.

You agree that any User Content: will be accurate; will not infringe upon or facilitate the infringement of any law or regulation; will not violate the rights of third parties, including copyright, trademark, privacy, or publicity rights; will not cause harm to any person or entity; and will not contain or provide links to obscene, profane, or threatening language, malware, political campaigns, commercial solicitations, chain letters, mass mailings, any form of "spam," or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and we assume no liability for such content. You acknowledge and agree that we reserve the right (though not the obligation) to take any or all of the following actions, at our sole discretion: (i) monitor User Content; (ii) modify, remove, or refuse to post or allow the posting of any User Content; and/or (iii) disclose any User Content, as well as the circumstances surrounding its transmission, to third parties.

With respect to any User Content you submit, you grant us a non-exclusive, sublicensable, fully paid-up, perpetual, irrevocable, royalty-free, and transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell, and distribute such User Content, as well as to incorporate it into any form, medium, or technology—whether currently known or developed in the future—worldwide, all without any compensation to you. You also grant us the right to include the name provided in connection with the User Content you submit. We are not responsible for the use or disclosure of any personal information you voluntarily reveal in connection with submitted User Content. You represent and warrant that you possess all rights necessary to grant the licenses stipulated in this section. Furthermore, you irrevocably waive any "moral rights" or other rights regarding attribution of authorship or the integrity of materials with respect to the User Content that you might hold under any applicable law or legal theory.

Content is also provided by third parties visiting the Site. Please note that site visitors may post inaccurate or misleading content. We do not endorse or assume responsibility for any opinions, advice, information, or statements made by third parties. We shall not be liable for any loss or damage arising from your reliance on such information or materials. Opinions expressed by third parties reflect solely the views of those who expressed them and not necessarily our own views.

Special offers may be for a limited time.

We will occasionally offer our customers special promotions, which we call "special offers." These may include a gift with purchase, free shipping, manufacturer offers, or other promotional activities linked to the purchase of a product. Such offers may be valid for a limited time only.

Promotions may have their own rules.

All sweepstakes, contests, raffles, or other promotions (collectively referred to as "Promotions") available through the Site may be governed by rules separate from these Terms of Use. If you participate in any Promotion, please review the applicable rules as well as our Privacy Policy. In the event of a conflict between the rules of a Promotion and these Terms of Use, the Promotion rules shall prevail.

We disclaim all legal liability regarding the operation of the Site and the products and services offered thereon.

The Site and all information, content, materials, products, and services included on or made available through the Site are provided on an "as is" and "as available" basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, regarding the operation of the Site or the information, content, materials, products, or services included on or available through the Site, unless otherwise specified in writing. We shall not be liable for any errors or omissions in the Site's content, for your actions or omissions regarding the Site, for damage to your computer equipment or data, or for any other harm you may suffer in connection with the Site. You expressly agree that your use of the Site is at your own risk.

Furthermore (and without prejudice to the limitations set forth in the preceding paragraph), we make no representations regarding the suitability of the products on the site for any purpose. We offer such products "as is," without any warranty of any kind, whether express or implied. We expressly disclaim any warranties or conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

Products on the site may be covered by a manufacturer's warranty, provided by the product manufacturer itself. Please consult the product packaging and documentation for further information.

We limit our liability to you.

Under no circumstances shall Clover4 S.A.S., its affiliates, or their respective employees, directors, officers, or agents be liable for damages of any kind arising from or in connection with your use or inability to use the site, or resulting from any information, content, materials, products, or services included on or made available through the site. This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, punitive, or otherwise, including, without limitation, loss of data, revenue, or profits), whether in contract or otherwise, even if we have been advised of or should have known of the possibility of such damages. Each provision of these terms of use that establishes a limitation of liability, a disclaimer of warranties, or an exclusion of damages is intended to allocate the risks under the agreement between you and us.

This provision constitutes an essential element of the basis of the bargain between you and us. The limitations set forth in this section shall apply even if any limited remedy fails of its essential purpose. If you are dissatisfied with the site, with any information, content, material, product, or service included on or made available through the site, or with these terms of use, your sole and exclusive remedy is to discontinue using the site. By using the site, you acknowledge that you do so at your own risk. Applicable law may not allow the aforementioned limitation of liability; therefore, such limitation may not apply to you, and you may have additional rights regarding the content set forth herein.

Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If such laws apply to you, some or all of the aforementioned disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

We are not responsible for third-party websites.

The Site may contain links and interactive features that interact with third-party websites, including social media sites. We do not endorse, nor are we responsible or liable for, the functionality, actions, omissions, privacy settings, privacy policies, terms, or content of such websites. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.

These general conditions apply to these Terms of Use.

You are responsible for all fees and necessary permissions related to accessing the Site through your mobile service provider.

If a court of competent jurisdiction determines that any provision of these Terms of Use is illegal, void, or unenforceable, such provision shall be modified to make these Terms of Use enforceable and effective to the fullest extent possible, in order to give effect to the provision's intent; if a court determines that the modified provision is invalid, illegal, void, or unenforceable, the validity, legality, and enforceability of the remaining provisions of these Terms of Use shall not be affected in any way.

You agree that these Terms of Use constitute the entire and exclusive agreement between you and us regarding the Site and the services offered therein, and that they supersede any prior agreement or understanding—whether written or oral, or established by custom, practice, policy, or precedent—relating to the subject matter of these Terms of Use.

Our failure to act regarding a breach of these Terms of Use by you or by third parties does not constitute a waiver of our right to act regarding such breach or subsequent breaches, whether similar or otherwise.

If you have questions or comments regarding these Terms of Use, please contact us. We also accept legal notices at this address. Any notice you send that does not comply with the provisions of this paragraph shall have no legal validity.