Terms of Service

Welcome to DeMercy! The terms “we”, “our” and “us” refer to DeMercy. DeMercy operates this store and website, including all associated information, content, features, tools, products, and services, to provide you, as a customer, with a personalized shopping experience (the "Services"). DeMercy uses the Shopify platform, which enables us to offer you the Services.

The following terms and conditions, along with the policies referenced therein (the "Terms of Service" or "TOS"), 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, including warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our Services.

By agreeing to 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 of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. 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 communicate such information.

You are solely responsible for the security of your account credentials and for any activity related to your account. You are not authorized to transfer, sell, assign, or license your account to another person.

We have made every effort to accurately display our products and services in our online stores. Please note, however, that the colors or appearance of products may differ from what is displayed on your screen due to the type of device you use to access the store, as well as its settings and configuration.

We do not warrant that the appearance or quality of the products or services you purchased will meet your expectations or will be identical to what is presented or rendered in our online stores.

All product descriptions are subject to change at any time, without notice, at our sole discretion. We reserve the right to withdraw a product from sale at any time and may limit the quantities of products we offer to any person, geographic region, or jurisdiction, on a case-by-case basis.

When you place an order, you are making an offer to purchase. DeMercy reserves the right to accept or refuse your order, for any reason, at its discretion. Your order is not considered accepted until DeMercy provides written confirmation. We must receive and process your payment before your order is validated. Please carefully review your order before submitting it, as DeMercy may not be able to accept cancellation requests once the order is confirmed. In the event of refusal, modification, or cancellation of your order, we will attempt to contact you using the email address, billing address, and/or phone number provided at the time of order.

Your purchases are subject to return or exchange conditions in accordance with our Refund Policy.

You represent and warrant that your purchases are for personal or household use, and not for commercial resale or export.

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time of order and will be indicated in your order confirmation email. Unless otherwise expressly stated, displayed prices do not include taxes, shipping fees, handling fees, customs duties, or import fees.

Prices displayed on our online stores may differ from those offered in our physical stores or on other online platforms operated by third parties. We may, from time to time, offer promotions on our Services that may impact prices and are governed by separate terms and conditions from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your information, including your email address, credit card numbers, and their expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that: (i) your credit card information is accurate, correct, and complete, (ii) you are authorized to use this card for the purchase, (iii) the charges incurred will be honored by your card-issuing company, and (iv) you will pay the charges incurred at the posted prices, including shipping and handling fees, as well as all applicable taxes.

We cannot be held responsible for delays in delivery or shipping. All stated delivery times are estimates and are not guaranteed. We disclaim all liability for delays caused by carriers, customs formalities, or any event beyond our control. As soon as the products are handed over to the carrier, ownership and risk of loss transfer to you.

Our Services, including, without limitation, all trademarks, brands, text, displays, images, graphics, product reviews, video and audio content, as well as their design, selection, and arrangement, are the exclusive property of DeMercy, its affiliates, or its licensors.

These Terms authorize you to use the Services only for personal and non-commercial purposes. You are not authorized to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent. Unless otherwise expressly provided in these Terms, nothing should be construed as granting you a license or any other right to any patent, trademark, copyright, or other intellectual property of DeMercy, Shopify, or a third party. Any unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by DeMercy.

The name DeMercy is a trademark of DeMercy. You may not use it without the prior written permission of DeMercy. Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

You may be asked to use customer tools provided by third parties as part of the Services, tools that we do not monitor and over which we have no control or ability to contribute.

You acknowledge and agree that we provide access to these tools "as is" and "as available," without any warranties, representations, or conditions of any kind, and without any endorsement from us. We disclaim all liability arising from or related to your use of optional third-party tools.

Your use of optional tools offered on the site is entirely at your own risk and discretion. It is your responsibility to ensure that you are familiar with and agree to the terms applicable to these tools, as defined by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including the provision of new tools and resources). These new features will be considered an integral part of the Services and will be subject to these Terms of Service.

The Services may contain documents and hyperlinks to websites provided or operated by third parties (including integrated third-party features). We are not responsible for reviewing or evaluating the content or accuracy of third-party materials or websites you choose to access. If you decide to leave the Services to access these third-party materials or sites, you do so at your own risk.

We disclaim all liability for any harm or damages related to your access to third-party websites, or the purchase or use of products, services, resources, or content on these sites. We encourage you to carefully review the policies and practices of third parties and ensure you understand them before engaging in any transaction. Claims, complaints, concerns, or questions regarding third-party products and services should be directed directly to the relevant third party.

DeMercy is powered by Shopify, which allows us to offer you the Services. However, any sale or purchase made in our Store is made directly with DeMercy. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and DeMercy, including any damage, injury, or loss resulting from the purchased products or services. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or related to your purchase and transaction with DeMercy.

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here: Privacy Policy – DeMercy, and some personal information may also be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.

As the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access and use of the Services to provide and improve them for you. The information you submit to the Services will be transmitted and shared with Shopify, as well as with third parties who may be located in different countries from where you reside, to provide you with the services. Please refer to our privacy policy for more details on how we, Shopify, and our partners use your personal information.

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or any other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, and non-exclusive license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose, including commercial purposes. For example, we may use our rights under this license to operate, provide, evaluate, improve, and promote the Services and to fulfill our obligations and exercise our rights under the Terms of Service.

You also represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentives received in connection with the submission of your Feedback; (iii) your Feedback complies with these Terms. We are not and will not be obligated (1) to maintain the confidentiality of your Feedback; (2) to pay compensation for your Feedback; (3) to respond to your Feedback.

We may, but have no obligation to, monitor, edit, or remove any Feedback that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your Feedback will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

Occasionally there may be information on our Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit 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 on the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

You may access and use the Services only for lawful purposes. You are strictly prohibited from accessing or using the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) in violation of any international, federal, provincial, state, or local regulations, rules, laws, or ordinances; (c) in a manner that infringes upon the intellectual property rights of DeMercy, Shopify, or third parties; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or injure any of our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, use, or reuse any content not compliant with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation; (h) to impersonate or attempt to impersonate DeMercy, a DeMercy employee, another user, or any other person or entity; (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm DeMercy, Shopify, users of the Services, or expose them to liability.

Furthermore, you agree not to: (a) upload or transmit viruses or any other malicious code that may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, scrape, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) engage in spamming, phishing, pharming, or pretexting through the Services; (e) use robots, spiders, scraping tools, data harvesting or extraction tools, automated devices, AI tools (including agentic AI), or any automated or manual means to access the Services; (f) interfere with, circumvent, or disable security or authorization features, robot exclusion headers, or any other measures we implement to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time and without notice if we determine that you have violated any of the provisions of these Terms.

14.1 This section ("Agent Terms") applies if you use, authorize, enable, or cause an Agent to access, use, or interact with the Services. An "Agent" means any software or service acting autonomously or semi-autonomously on behalf of a person or entity, or at their instruction, and which may run on a device owned or used by a person, without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless it consistently identifies itself and operates in strict compliance with the terms set forth in Section 14.4 below. Furthermore, no Agent may access, use, or interact with the Services if we have requested that such Agent refrain from accessing, using, or interacting with any service.

14.3 We may limit, including through technical measures, the ability and manner in which an Agent accesses, uses, and interacts with the Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, indicate that the request originates from an Agent and disclose the Agent’s name by including the following in the user-agent string: “Agent/[agent name]”; (ii) not conceal or disguise the fact that the access, use, or interactions originate from an Agent, including by (a) mimicking human behavior or interaction patterns, or (b) bypassing or supplementing CAPTCHAs or measures designed to distinguish computer from human use; (iii) truthfully answer any question or prompt designed to determine whether interactions originate from a human or a computer; (iv) not bypass or circumvent any measures designed to block, limit, modify, or control Agents’ access, use, or interactions with the Services.

We reserve the right to terminate this agreement or your access to the Services (or any part thereof), at our sole discretion, at any time and without prior notice. You will remain liable for all amounts due up to and including the date of termination.

The following articles will survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions whose nature implies they should survive termination.

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

EXCEPT AS EXPRESSLY PROVIDED BY DEMERCY, THE SERVICES AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR OTHER WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DEMERCY, OUR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, NOR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY.

You agree to indemnify, defend, and hold harmless DeMercy, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including reasonable attorneys' fees, made by any third-party due to or arising out of (1) your breach of these Terms of Use or the documents they incorporate by reference, (2) your violation of any law or the rights of a third-party, or (3) your access and use of the Services.

We will notify you of any claim covered by this indemnity, provided that a failure to provide timely notice will not relieve you of your obligations, except to the extent you are materially prejudiced thereby. We may assume the defense and settlement of any claim at your expense, including the choice of legal counsel, but we will not settle any claim involving non-monetary obligations on your part without your consent (which you may not unreasonably withhold). You will cooperate in the defense of claims covered by this indemnity, including providing relevant documents.

In the event that any provision of these Terms of Use is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, and such determination shall not affect the validity and enforceability of any other remaining provisions.

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Use and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).

Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

You may not delegate, transfer, or assign this Agreement or any of your rights or obligations hereunder without our prior written consent. Any unauthorized attempt to assign will be deemed null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or prior notice.

These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the federal and state/territory laws of the courts of competent jurisdiction in the jurisdiction where DeMercy is headquartered (French law). You and DeMercy expressly consent to the territorial and personal jurisdiction of these courts.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our Services following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

Any question about the Terms of Service should be sent to julie@demercy.fr.