Conditions d’utilisation
OVERVIEW
Welcome to Auto-massage KOBIDO! The terms “we”, “our” and “us” refer to Auto-massage KOBIDO. Auto-massage KOBIDO operates this shop and website, including all information, content, features, tools, products, and related services, to provide you, as a customer, with a personalized shopping experience (the “Services”). Auto-massage KOBIDO is a store powered by Shopify, which enables us to provide the Services.
The Terms of Use below, together with all related policies (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and by our Privacy Policy. If you do not agree to these Terms of Service or this Privacy Policy, you must not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you give us your consent to allow any minor dependents of yours to use the Services on devices you own, purchase, or manage.
To use the Services, including browsing or accessing our online stores, or purchasing any of the products or services we offer, you may be required to provide certain information, such as your email address, billing, payment, and shipping details. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and all activity under your account. You may not transfer, sell, assign, or license your account to another person.
SECTION 2 – OUR PRODUCTS
We strive to provide accurate representations of our products and services in our online stores. However, please note that colors or appearance may differ from how they appear on your screen due to your device type, settings, and configuration.
We do not guarantee that the appearance or quality of products or services you purchase will meet your expectations or match descriptions or renderings in our online store.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to remove any product at any time and may limit quantities offered to any person, geographic region, or jurisdiction, on a case-by-case basis.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. Auto-massage KOBIDO reserves the right to accept or reject your order for any reason, at our discretion. Your order is not accepted until Auto-massage KOBIDO confirms acceptance. We must receive and process your payment before acceptance. Please review your order carefully before submitting, as Auto-massage KOBIDO may not be able to accommodate cancellation requests once an order is accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you at the email, billing address, and/or phone number provided at the time of order.
Your purchases may only be returned or exchanged in accordance with our Refund Policy
You represent and warrant that your purchases are for personal or household use only and not for resale or export.
SECTION 4 – PRICING AND BILLING
Prices, discounts, and promotions may change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be reflected in your order confirmation email. Unless otherwise stated, displayed prices do not include taxes, shipping, handling, customs, or import duties.
Prices displayed in our online stores may differ from prices offered in physical stores or on other online stores operated by third parties. We may occasionally offer promotions that affect pricing, governed by separate Terms distinct from these Terms. In case of conflict, the promotion terms prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases. You agree to promptly update your account, including email, credit card numbers, and expiration dates, so we can complete your transactions and contact you as needed.
You represent and warrant that: (i) the credit card information you provide is true, correct, and complete; (ii) you are duly authorized to use such credit card; (iii) charges incurred will be honored by your credit card issuer; and (iv) you will pay charges incurred at posted prices, including applicable taxes, shipping, and handling.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. All shipping times are estimates and not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events beyond our control. Once products are transferred to the carrier, title and risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, trade names, text, displays, images, graphics, product reviews, videos, audios, and the design, selection, and arrangement thereof, are the property of Auto-massage KOBIDO, its affiliates, or licensors, and are protected by U.S. and foreign patent, copyright, and intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit Service material without our prior written consent. Except as expressly provided, nothing grants you a license or right under Auto-massage KOBIDO, Shopify, or third-party intellectual property. Unauthorized use may violate federal and state IP laws.
Names, logos, products, services, designs, and slogans of Auto-massage KOBIDO are trademarks of Auto-massage KOBIDO or its affiliates/licensors. You may not use these marks without prior written consent. Shopify’s name, logo, products, and slogans are trademarks of Shopify. All other names and marks on the Services are trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may have access to third-party tools offered via the Services, which we neither monitor nor control.
You acknowledge and agree we provide access to such tools “as is” and “as available,” without warranties or endorsement. We disclaim liability arising from or related to your use of third-party optional tools.
Your use of such tools is entirely at your own risk and discretion. You should ensure you understand and approve the terms under which tools are provided by relevant third-party providers.
We may also introduce new features or tools in the future, which will also be subject to these Terms.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain content and links to websites provided or operated by third parties (including embedded features). We are not responsible for examining or evaluating third-party content or websites. If you access third-party materials or sites, you do so at your own risk.
We are not liable for harm or damages related to your access, purchase, or use of third-party websites, products, services, resources, or content. Please carefully review third-party policies before engaging in any transaction. Complaints or issues must be directed to the third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Auto-massage KOBIDO is powered by Shopify, which enables us to provide the Services. However, sales and purchases you make are directly with Auto-massage KOBIDO. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Auto-massage KOBIDO, including harm, damages, or losses from products or services purchased. You expressly release Shopify and its affiliates from any claims, damages, or liability related to your transactions with Auto-massage KOBIDO.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy , and certain data may also be subject to Shopify’s Privacy Policy
By using the Services, you acknowledge you have read these policies.
Since the Services are hosted by Shopify, Shopify collects and processes personal data regarding your access and usage of the Services to provide and improve them. Information you submit will be shared with Shopify and third parties, which may be located outside your country of residence, to deliver the Services. Please review our Privacy Policy for more details.
SECTION 11 – FEEDBACK
If you submit, upload, publish, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use.
You represent and warrant that: (i) you own or have the rights to your Feedback; (ii) you disclose any compensation or incentives received; and (iii) your Feedback complies with these Terms. We are under no obligation to (1) keep Feedback confidential; (2) pay compensation; or (3) respond to Feedback.
We may, but have no obligation to, monitor, edit, or remove Feedback we determine unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or which violates IP rights or these Terms.
You agree your Feedback will not violate third-party rights, contain defamatory or illegal content, or include malware or viruses. You must not use a false email, impersonate another person, or mislead us or third parties as to origin. You are solely responsible for your Feedback’s accuracy. We assume no liability for any Feedback posted by you or third parties.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
From time to time, information in the Services may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping fees, delivery 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 is inaccurate, at any time without notice (including after order submission).
SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes. You must not use the Services, directly or indirectly:
(a) for unlawful or malicious purposes;
(b) to violate any regulation, law, or ordinance;
(c) to infringe our IP rights or those of others;
(d) to harass, abuse, insult, harm, defame, slander, intimidate, or discriminate against employees or others;
(e) to transmit false or misleading information;
(f) to upload or reuse material that violates these Terms;
(g) to send spam, chain letters, junk mail, or solicitations;
(h) to impersonate another person or entity; or
(i) to engage in conduct that restricts others’ use of the Services, or that may harm Auto-massage KOBIDO, Shopify, or users.
Additionally, you must not:
(a) upload malware or viruses;
(b) reproduce, duplicate, copy, sell, resell, or exploit any part of the Services;
(c) collect personal data of others;
(d) engage in spam, phishing, scraping, or bots; or
(e) interfere with or bypass security features.
We reserve the right to suspend, disable, or terminate your account without notice if we determine you violated these Terms.
SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services, in whole or in part, at our sole discretion, at any time without notice, and you will remain liable for all amounts due up to the termination date.
The following sections survive termination: Intellectual Property, Feedback, Termination, Warranty Disclaimers, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any provisions that by their nature survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
Information provided through the Services is for general informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is at your own risk.
EXCEPT AS EXPRESSLY STATED BY AUTO-MASSAGE KOBIDO, THE SERVICES AND ALL PRODUCTS PROVIDED THROUGH THEM ARE OFFERED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, DURABILITY, TITLE, OR NONINFRINGEMENT. WE DO NOT GUARANTEE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE USE. Some jurisdictions do not allow disclaimers of implied warranties, so the above may not apply to you.
SECTION 16 – LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, AUTO-MASSAGE KOBIDO, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, OR SHOPIFY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL, INCLUDING LOST PROFITS, REVENUE, SAVINGS, DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT OBTAINED THROUGH THEM, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Auto-massage KOBIDO, Shopify, affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damages, liability, or claims (including reasonable attorney fees) arising from: (1) your breach of these Terms or referenced documents; (2) violation of law or third-party rights; or (3) your access or use of the Services.
We will notify you of any indemnifiable claim. Failure to provide timely notice does not relieve you of obligations unless materially prejudiced. We may control the defense at your expense, including counsel choice. We will not settle any claim requiring non-monetary obligations from you without consent.
SECTION 18 – SEVERABILITY
If any provision of these Terms is deemed unlawful, void, or unenforceable, it shall be enforceable to the fullest extent permitted by law, and the unenforceable part shall be severed without affecting validity of the rest.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to enforce any right or provision does not constitute a waiver.
These Terms and any policies posted on the site constitute the entire agreement between you and us, superseding prior agreements. Any ambiguity will not be construed against the drafting party.
SECTION 20 – ASSIGNMENT
You may not delegate, transfer, or assign these Terms without our prior written consent. Any attempt to do so is void. We may assign or transfer these Terms without consent.
SECTION 21 – GOVERNING LAW
These Terms and any separate agreements under which we provide Services are governed by and construed under the courts of the jurisdiction where Auto-massage KOBIDO is headquartered. You and Auto-massage KOBIDO submit to these courts’ jurisdiction.
SECTION 22 – HEADINGS
Headings are for convenience only and do not affect interpretation.
SECTION 23 – CHANGES TO TERMS
You may review the most current version of these Terms at any time on this page.
We reserve the right to update, modify, or replace any part of these Terms at our discretion by posting updates on our website. It is your responsibility to check regularly for changes. We will notify you of material changes as required by law, effective on the date specified. Continued use after updates constitutes acceptance.
SECTION 24 – CONTACT INFORMATION
Questions about these Terms should be sent to us at kobido.automassage@gmail.com.