Terms of service
Inchoo Bijoux Terms of Use
Your use of the web sites on which these terms reside (including, without limitation, versions of such websites optimized for mobile) (collectively, the "Site"), and the content and services at this Site are subject to these Terms of Use (or “Terms”), which we may update from time to time. Please read these Terms carefully before using this Site. The Site is owned or controlled by Inchoo Bijoux Inc. (or "Inchoo Bijoux"). By accessing this Site in any way, including, without limitation, browsing this Site, using any services, and/or submitting information to Inchoo Bijoux, you agree to and are bound by the terms, conditions, policies and notices contained in these Terms, including, but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, binding arbitration, and laws of Quebec, Canada.
The terms "we," "us" and "our" refer to Inchoo Bijoux and any of our affiliated companies as appropriate to the context. "You" refers to any person accessing and/or using the Site.
From time to time we may update this Site and these Terms. Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. Inchoo Bijoux may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that Inchoo Bijoux will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated.
All intellectual property on the website (except user generated content as defined) is owned by us or our licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the website (except user generated content as defined), including but not limited to text, software, code, designs, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under the Canadian and other copyright laws and is the property of the company; all rights reserved.
Inchoo Bijoux Content
Content on this Site that is provided by Inchoo Bijoux or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing ("Inchoo Bijoux Content") is the property of Inchoo Bijoux and its licensors, and is protected under copyright, and other intellectual property laws. Nothing contained on this Site should be construed as granting any license or right to download or use any Inchoo Bijoux Content.
You agree not to download, display or use any Inchoo Bijoux Content located on the Site for any commercial or non-commercial purpose, in connection with products or services that are not those of Inchoo Bijoux, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Inchoo Bijoux and/or its licensors, that dilutes the strength of Inchoo Bijoux's or its licensor's property, or that otherwise infringes Inchoo Bijoux's or its licensors intellectual property rights. You further agree to in no other way misuse any Inchoo Bijoux Content that appears on this Site.
Use of the Site and Posting Policy
The following requirements apply to your use of the Site: (a) you will not use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful, all as determined by Inchoo Bijoux in its sole and absolute discretion; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the Site for any commercial purpose not expressly approved by Inchoo Bijoux in writing; (e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication via the Site; and (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of the Site or any computer software or hardware or telecommunications equipment.
From time to time on certain areas of our Site you may be able to submit product reviews, questions, written posts/responses, images, and certain other materials ("User Content"). By using these features, you agree that you will not submit or post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Inchoo Bijoux; that you will not submit or post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or includes anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of Inchoo Bijoux, or misrepresent an affiliation with another person or organization; and that you will not submit or post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site.
You further understand and agree that you have no ownership rights to any account you may have with us or other access to the Site, your User Content, or other features therein. Inchoo Bijoux may cancel your account and delete all User Content associated with your account at any time, and without notice, if Inchoo Bijoux deems that you have violated these Terms, the law, or for any other reason. Inchoo Bijoux assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user account. For greater certainty, and without limiting the effect of the foregoing, Inchoo Bijoux reserves the right, in its sole and absolute discretion, to modify, edit or remove any User Content, or to request a user to modify or edit his or her User Content, if a complaint or notice of allegedly infringing materials is received with respect to the User Content, or for any other reason.
By displaying, publishing, submitting or otherwise posting any User Content on or through the Site, you hereby irrevocably grant to Inchoo Bijoux a non-exclusive, fully sub-licensable, non-revocable, perpetual, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, broadcast, publish, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek your or any third party permission. Further, you waive all moral rights in and to all User Content that you post, upload or otherwise submit to or through, the Site in favour of Inchoo Bijoux. This license and waiver of rights includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, or in video, music, software or other computer programs.
You continue to retain all ownership rights you hold in your User Content, and you retain any right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own all of the User Content submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
You agree to indemnify and hold Inchoo Bijoux, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms, including the above Posting Policy, or any violations thereof by your dependents or agents, or which arises from the use of any content including User Content that you submitted, posted, or otherwise provided to Inchoo Bijoux or this Site.
Intellectual Property Infringement Notification
If you are a trademark or copyright owner and you believe that your rights have been violated in any way, please complete and submit an email designated to Astrid at inchoobijoux@gmail.com.
Rules for Promotions
Any sweepstakes, contests, or other promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable Official Rules as well as our Privacy Policy. If the Official Rules for a Promotion conflict with these Terms, the Promotion Official Rules will apply.
Accounts, Passwords, and Security
Certain areas of the Site require registration or otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Site.
If the Site requires you to create an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you will be asked to enter your name and valid e-mail address and choose a password. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify Inchoo Bijoux immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Site. Inchoo Bijoux is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge, and is not responsible for any delay in shutting down your account after you have reported a breach of security to us.
Use of Credit Card – Payment
When you make a purchase on the website, you agree to provide a valid instrument to make a payment. Pay attention to the details of the transaction as your total price may include taxes, fees, and shipping costs, all of which you are responsible for.
When you provide a payment instrument with us, you confirm that you are permitted to use that payment instrument. When you make a payment, you authorize us(and our designated payment processor) to charge the full amount to the payment instrument you designated for the transaction. You also authorize us to collect and store that funding instrument, along with other related transaction information.
If you pay by credit card or debit, we may obtain a pre-approval from the issuer of the card for an amount as high as the full price. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you.
We may cancel a transaction if we believe the transaction violates these terms, or if we believe doing so may prevent a financial loss.
In order to prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement, or affected third parties( including other users) and share details of any payements you are associated with, if we believe doing so may prevent financial loss or a violation of law.
If you wish to purchase any product or service made available through the Site, you may be asked to supply certain information relevant to your transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us or the third party collecting that information on our behalf the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgement or completion of any transaction.
Shipping, Delivery and Return Policy
You agree to ensure payment for any items you may purchase from us and you acknowledge and affirm that prices are subject to change. When purchasing a physical good, you agree to provide us a valid email and shipping address, as well as billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information you provided to us. If we do so after payment has been processed, we will issue a refund to you in the amount of the purchase price. We also may request additional information from you prior to confirming a sale and we reserve the right to place any additional restrictions on the sale of any of our products. For the sale of physical products, we may preauthorize your credit or debit card at the time you place the order or we may simply charge your card upon shipment. You agree to monitor your method of payment. Shipment costs and dates are subject to change from the costs and dates you are quoted due to unforeseen circumstances.
For any questions, concerns, or disputes, you are welcome to contact us in a timely manner at the following :
Inchoo Bijoux / Astrid Apissoghomian
4000 St- Ambroise#278
Montreal, Qc
H4C 2C7
Canada
If you are unhappy with anything you have purchased on our website, you may do the following:
Customers can send an email specifying that they would like a refund on their order. All details for the return and refund will be sent to them in the following hours of reception of the email. They can also ship the items back to Inchoo Bijoux’s workshop address, where at the reception of the item, the shop will issue a full refund, if all terms of exchange and returns are met. You can find more details about our returns, exchange and warranties here:
Sales of goods and services
We may sell goods and services, or allow third parties to sell goods or services on the website. We undertake to be as accurate as possible with all the information regarding the goods and services, including product descriptions and images. However, we do not guarantee the accuracy or reliability of any product information and you acknowledge and agree to purchase such products at your own risk.
Terms of Sale
Inchoo Bijoux currently ships from the Site to locations within the 50 United States and Puerto Rico and throughout Canada. Inchoo Bijoux also ships internationally to most countries. To learn more, visit Inchoo Bijoux’s Return and Refund Policy, available on the Site. Orders already in the shipping process cannot be modified. Inchoo Bijoux charges sales tax for merchandise ordered on the Site based on the applicable state sales tax rate of the location to which the order is being shipped. Payment conducted via the PayPal site and using PayPal services are subject to the terms and conditions set by PayPal.
Despite our best efforts, occasional pricing and other errors may occur on the Site. Access to the Site does not constitute the right to purchase products featured. Inchoo Bijoux is not responsible for typographical, pricing or other errors. Products and prices of products described on the Site are subject to change at any time without notice. Inchoo Bijoux reserves the right to revise pricing and other errors and to cancel any order you have placed if there was an error concerning the price or availability of any item you ordered when you placed the order, even if you have received an order confirmation. If your credit card has already been charged for the purchase and your order is cancelled, Inchoo Bijoux will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. Inchoo Bijoux reserves the right to limit quantities of products purchased.
Inchoo Bijoux undertakes reasonable efforts to accurately display the attributes of our products, including the applicable colours; however, the actual colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours.
A valid Visa, MasterCard, or American Express credit card number is required for payment. Separate charges for shipping and handling will be added to the price of the products ordered. Title to all products and risk of loss or damage will pass to the buyer upon shipment from Inchoo Bijoux.
It is your responsibility to ascertain and obey all applicable local, state, provincial federal, and international laws in regard to the possession, use, and sale of any item purchased from the Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
Representations and Limitations of Liability
You defend and indemnify Astrid Apissoghomian and any of it’s affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the website, your breach of these terms and conditions, or your conduct or actions. We will select our own legal counsel and may participate in our own defense if we wish to.
We are not liable for any damages that may occur to you as a result of your use of the website, and our products, to the fullest extent permitted by law. The maximum liability Astrid Apissoghomian arising from your use of the website is limited to the greater of one hundred (100$) Canadian Dollars, or the amount you paid to Astrid Apissoghomian in the last 6 months. This applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
To the extent permitted by the applicable law, Inchoo Bijoux makes no representations about the reliability of the features of this Site, the Inchoo Bijoux Content, User Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Inchoo Bijoux makes no representations regarding the amount of time that any Inchoo Bijoux Content or User Content will be preserved.
Inchoo Bijoux does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Inchoo Bijoux without the prior review and written approval of Inchoo Bijoux.
THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE, OR ANY INFORMATION, CONTENT, MATERIALS OR PRODUCTS (INCLUDING SOFTWARE) THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL INCHOO BIJOUX (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS OR PROGRAMMERS) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, "DAMAGES") THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE OR ANY PRODUCTS OR SERVICES AVAILABLE THEREON, NOR SHALL INCHOO BIJOUX BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND INCHOO BIJOUX'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL INCHOO BIJOUX OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF INCHOO BIJOUX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU DOWNLOAD ALL MATERIAL AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF INCHOO BIJOUX’S NEGLIGENT, FRAUDULENT, OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
Data Loss – No Warranties
We are not responsible for the security your account or content. Your use of the website is at your own risk. Your use of the website is at your sole and exclusive risk and any services provided by us are on an “as is” basis. We make no warranties that the website will meet your needs or that the website will be uninterrupted, error-free, or flawlessly secure. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the website is your sole responsibility and we are not reliable for any such damage or loss. The platform we use is Shopify. If any loss of information, account violations arise, please refer to Shopify, as they are the builders and coders of this platform.
Use of company materials
We may provide you with certain information as a result of your use of our website including, but not limited to, documentation, date, or information developed by us, and other materials which may assist in the use of the website or services. The company materials may not be used for any other purpose than the use of this website and the services offered on the website. Nothing in these terms of use may be interpreted as franting any license of intellectual property rights to you.
Privacy
In addition to these Terms and Conditions, this website has a privacy policy that describes how your personal data is collected and how cookies are used on the website. For more information, you may refer to our Privacy Policy page, which you may find at the following address:
By using or browsing this website, you also acknowledge that you have read and accept our Privacy Policy.
Third Party Websites
This Site may hyperlink to sites not maintained by or related to Inchoo Bijoux. Such hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Site or Inchoo Bijoux, and Inchoo Bijoux does not endorse and makes no representations or warranties about the content, completeness, or accuracy of those third party sites. Information you submit at a third party site accessible from this Site is subject to the terms of that site's privacy policy, and Inchoo Bijoux has no control over how your information is collected, used, or otherwise handled.
We, through the website and its services, may engage in affiliate marketing whereby we receive a commission on a pourcentage of the sale of goods or services on or through the website. We may also accept advertising and sponsorships from commercial buisinesses or receive other forms of advertising compensation.
Jurisdiction
The Site is controlled and operated by Inchoo Bijoux from within Canada, and is not intended to subject Inchoo Bijoux to the laws or jurisdiction of any country other than that of Canada. We may limit the availability of the Site, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. These Terms will be governed by and construed in accordance with the laws of the state of QC, Canada, without regard to conflicts of laws principles. By using this Site, you consent to the jurisdiction of, and agree that any and all disputes regarding these Terms and/or use of the Site not subject to the arbitration provision set forth herein will be brought before, the federal, state, and local courts located in QC, Canada.
Miscellaneous
Both you and Inchoo Bijoux acknowledge and agree that no partnership is formed and neither of you nor Inchoo Bijoux has the power or the authority to obligate or bind the other.
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SITE AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. These Terms operate to the fullest extent permissible by law.
On certain areas of our Site, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices.
The failure of Inchoo Bijoux to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, or local governmental authorities or for any other reason beyond the reasonable control of Inchoo Bijoux, shall not be deemed a breach of these Terms.
If Inchoo Bijoux fails to act with respect to your breach or anyone else's breach on any occasion, Inchoo Bijoux is not waiving its right to act with respect to future or similar breaches.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.
These Terms constitute a binding agreement between you and Inchoo Bijoux, and are accepted by you upon your use of the Site or your account. These Terms constitute the entire agreement between you and Inchoo Bijoux regarding the use of the Site and your account. By using the Site you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.
If you breach any provision of these Terms or our Privacy Policy, you may no longer use the Site. We may, in our sole discretion, change, suspend or terminate, temporarily or permanently, the Site or any part thereof or any of its features at any time, for any reason, without any notice or liability to you or any other entity. If these Terms or your permission to use the Site is terminated by us for any reason, the agreement formed by your acceptance of these Terms will nevertheless continue to apply and be binding upon you in respect of your prior use of the Site and anything relating to or arising from such use. If you are dissatisfied with the Site or with these Terms or Privacy Policy, then your sole and exclusive remedy is to discontinue using the Site. The Inchoo Bijoux Content, Representations, and Limitations of Liability, Indemnity Jurisdiction and Miscellaneous provisions in this agreement shall survive any termination of this agreement.