Terms of service

OVERVIEW
Welcome to Play'n'grade! The terms “we”, “us” and “our” refer to Play'n'grade. Play'n'grade operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a personalised shopping experience (the “Services”). Play'n'grade is powered by Shopify, which enables us to provide the Services.

These Terms of Service, together with any policies referenced herein (the “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms carefully. They contain important information about your legal rights, including disclaimers and limitations of liability.

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

SECTION 1 – ACCESS AND ACCOUNT
By accepting these Terms, you represent that you are at least the age of majority in your state or province of residence, and you consent to any minor dependent using the Services on devices that you own, purchase or manage.

To use the Services, including browsing our online stores or purchasing products or services, you may be required to provide information such as your email address and billing, payment and shipping details. You represent and warrant that all information you provide is accurate, current and complete and that you have all rights necessary to provide it.

You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign or license your account to another person.

SECTION 2 – OUR PRODUCTS
We have made every effort to display our products and services accurately. Colours or appearance may nevertheless differ from what you see on your screen because of your device type, settings or configuration.

We do not warrant that the appearance or quality of purchased products or services will meet your expectations or be identical to how they are described or displayed in our online stores.

Product descriptions may be changed at any time without notice, at our sole discretion. We may discontinue 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 make an offer to purchase. Play'n'grade may accept or reject your order for any reason, at its discretion. Your order is not accepted until Play'n'grade confirms acceptance, and payment must be received and processed first. Review your order carefully before submitting it, as Play'n'grade may be unable to accommodate cancellation requests after acceptance. If we reject, modify or cancel an order, we will attempt to notify you using the email address, billing address and/or telephone number supplied with the order.

Purchases may be returned or exchanged only in accordance with our Refund Policy. You represent and warrant that purchases are for personal or household use and not for commercial resale or export.

SECTION 4 – PRICING AND BILLING
Prices, discounts and promotions may change without notice. The price charged will be the price in effect when the order is placed and will appear in your confirmation email. Unless otherwise stated, displayed prices exclude taxes, shipping and handling charges, customs duties and import charges.

Prices in our online stores may differ from prices offered in physical stores or stores operated by third parties. Promotions may be governed by separate terms. If promotion terms conflict with these Terms, the promotion terms prevail.

You agree to provide current, complete and accurate purchase, payment and account information and to update it promptly, including your email address, card numbers and expiry dates, so that we can complete transactions and contact you where necessary.

You represent and warrant that: (i) the credit-card information supplied is true, correct and complete; (ii) you are authorised to use the card; (iii) charges will be honoured by the card issuer; and (iv) you will pay all amounts charged at the displayed prices, including shipping, handling and applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. All shipping times are estimates and are 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
The Services, including trademarks, text, displays, images, graphics, product reviews, video and audio, and their design, selection and arrangement, belong to Play'n'grade, its affiliates or licensors and are protected by US and foreign patent, copyright and other intellectual-property laws.

These Terms permit personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display or perform, republish, download, store or transmit Service materials without our prior written consent. Except where expressly stated, nothing grants you a licence or other right under any patent, trademark, copyright or other intellectual property of Play'n'grade, Shopify or a third party. Unauthorised use may violate federal and national intellectual-property laws. All rights not expressly granted are reserved by Play'n'grade.

Play'n'grade names, logos, product and service names, designs and slogans are trademarks of Play'n'grade or its affiliates or licensors and may not be used without prior written permission. Shopify names, logos, product and service names, designs and slogans are Shopify trademarks. All other marks belong to their respective owners.

SECTION 7 – OPTIONAL TOOLS
You may receive access to third-party customer tools through the Services that we do not monitor and over which we have no control or input.

Access is provided “as is” and “as available”, without warranties, representations, conditions or endorsement. We have no liability arising from or relating to your use of optional third-party tools.

Your use of such tools is entirely at your own risk and discretion. You must ensure that you understand and approve the terms under which the relevant third-party provider supplies them.

Future features, tools and resources offered through the Services will also form part of the Services and be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and links to websites provided or operated by third parties, including embedded third-party features. We are not responsible for reviewing or evaluating their content or accuracy. If you leave the Services to access third-party materials or websites, you do so at your own risk.

We are not responsible for harm or damage relating to your access to third-party websites or your purchase or use of third-party products, services, resources or content. Review third-party policies and practices carefully before entering a transaction. Complaints or questions about third-party products and services must be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY
Play'n'grade is powered by Shopify, which enables us to provide the Services. However, sales and purchases in our Store are made directly with Play'n'grade. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Play'n'grade, including harm, damage or loss arising from purchased products and services. You expressly release Shopify and its affiliates from claims, damages and liabilities arising from or relating to your purchases and transactions with Play'n'grade.

SECTION 10 – PRIVACY POLICY
Personal information collected through the Services is subject to our Privacy Policy, and certain information may also be subject to Shopify’s Privacy Policy, available here. By using the Services, you acknowledge that you have read these policies.

Because Shopify hosts the Services, it collects and processes personal information concerning your access and use in order to provide and improve the Services. Information you submit will be transmitted to and shared with Shopify and third parties that may be located outside your country of residence. See our Privacy Policy for further information about how we, Shopify and our partners use personal information.

SECTION 11 – FEEDBACK
If you submit, upload, publish, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, fully royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any medium for any purpose, including commercial purposes. We may use it to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under these Terms.

You represent and warrant that: (i) you own or possess all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentive received in connection with it; and (iii) it complies with these Terms. We have no obligation to keep Feedback confidential, compensate you or respond to it.

We may, but are not required to, monitor, edit or remove Feedback that we consider unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or that infringes intellectual property or these Terms.

Feedback must not violate third-party rights, including copyright, trademark, privacy, personality or other personal or proprietary rights, and must not contain unlawful, abusive or obscene material, viruses or malware. You must not use a false email address, impersonate another person or mislead us or third parties about the origin of Feedback. You are solely responsible for Feedback and its accuracy. We accept no liability for Feedback posted by you or a third party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Information in the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, shipping charges, transit times and availability. We may correct errors, change or update information, or cancel orders if information is inaccurate, at any time and without notice, including after an order has been submitted.

SECTION 13 – PROHIBITED USES
You may access and use the Services only for lawful purposes. You must not use them, directly or indirectly: (a) for unlawful or malicious purposes; (b) to violate any international, federal, provincial, national or local law, rule, regulation or ordinance; (c) to infringe our or another person’s intellectual-property rights; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or injure our employees or anyone else; (e) to submit false or misleading information; (f) to knowingly send, receive, upload, download, use or reuse material that does not comply with these Terms; (g) to transmit unsolicited advertising or promotional material, including junk mail, chain letters or spam; (h) to impersonate another person or entity; or (i) to engage in conduct that restricts anyone’s use or enjoyment of the Services or that may harm or expose Play'n'grade, Shopify or users to liability.

You also agree not to: (a) upload or transmit viruses or malicious code affecting the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track others’ personal information; (d) spam, phish, pharm, pretext, crawl or scrape; or (e) interfere with or circumvent the security features of the Services, related websites, other websites or the Internet. We may suspend, disable or terminate your account at any time without notice if we believe you have breached these Terms.

SECTION 14 – TERMINATION
We may terminate this agreement or your access to all or part of the Services at our sole discretion, at any time and without notice. You remain liable for all amounts due up to and including the termination date.

The following provisions survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature should survive.

SECTION 15 – DISCLAIMER OF WARRANTIES
Information made available on or through the Services is provided solely for general information. We do not warrant its accuracy, completeness or usefulness. Any reliance is strictly at your own risk. We disclaim liability arising from reliance by you, other visitors or anyone informed of its content.

UNLESS EXPRESSLY STATED BY Play'n'grade, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR PROHIBIT DISCLAIMERS OF IMPLIED OR OTHER WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Play'n'grade, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR 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 LOST PROFITS, REVENUE, SAVINGS OR DATA, REPLACEMENT COSTS OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS OBTAINED THROUGH THEM, OR FOR ANY CLAIM RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS, INCLUDING ERRORS OR OMISSIONS IN CONTENT OR LOSS OR DAMAGE ARISING FROM USE OF THE SERVICES OR CONTENT OR PRODUCTS POSTED, TRANSMITTED OR MADE AVAILABLE THROUGH THEM, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Play'n'grade, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from losses, damages, liabilities or claims, including reasonable legal fees payable to a third party, arising from: (1) your breach of these Terms or documents incorporated by reference; (2) your violation of law or third-party rights; or (3) your access to and use of the Services.

We will notify you of an indemnifiable claim, provided that delayed notice does not release you unless you suffer material prejudice. We may control the defence and settlement at your expense, including selection of counsel, but will not settle a claim requiring non-monetary obligations from you without your consent, which must not be unreasonably withheld. You will cooperate in the defence, including by providing relevant documents.

SECTION 18 – SEVERABILITY
If a provision is held unlawful, void or unenforceable, it remains enforceable to the fullest extent permitted by applicable law, and the unenforceable portion is deemed severed without affecting the validity and enforceability of the remaining provisions.

SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce a right or provision does not constitute a waiver of that right or provision.

These Terms and any policies or operating rules posted by us on this website or concerning the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding prior or contemporaneous oral or written agreements, communications and proposals, including previous versions of these Terms.

Any ambiguity in interpreting these Terms shall not be construed against the drafting party.

SECTION 20 – ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any rights or obligations under these Terms without our prior written consent, and any attempted assignment is void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice.

SECTION 21 – GOVERNING LAW
These Terms and any separate agreement through which we provide Services are governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Play'n'grade is headquartered. You and Play'n'grade agree to the venue and personal jurisdiction of those courts.

SECTION 22 – HEADINGS
Headings are included for convenience only and do not limit or otherwise affect these Terms.

SECTION 23 – CHANGES TO THE TERMS OF SERVICE
You can review the most current version of these Terms at any time on this page.

We may, at our sole discretion, update, change or replace any part of these Terms by posting updates and changes on our website. You are responsible for checking the website periodically. We will notify you of material changes as required by applicable law, and those changes take effect on the date specified in the notice. Continued use of or access to the Services after changes are posted constitutes acceptance.

SECTION 24 – CONTACT INFORMATION
Questions about these Terms should be sent to contact@playngrade.fr.

PLAYNGRADE
contact@playngrade.fr
3840 route de Lauzerte, 46800 Lendou-en-Quercy, France
+33 6 10 08 13 84