Terms of service
Consumer rights: Nothing in these Terms limits mandatory consumer rights, including withdrawal rights and legal guarantees of conformity. If any provision conflicts with those rights, the mandatory protection prevails. Our 14-day money-back guarantee for paid digital downloads applies in addition to those rights.
Overview
Welcome to Pierre GAVARRY. The terms “we”, “us” and “our” refer to Pierre GAVARRY. We operate this store and website, including the related information, content, features, tools, products and services (the “Services”). Our store is powered by Shopify.
These Terms of Service, together with the policies referenced here, describe your rights and responsibilities when using our Services. Please read them carefully, including the warranty disclaimers and limitations of liability. By visiting, interacting with or using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, you should not use the Services.
1. Access and account
By agreeing to these Terms, you confirm that you are at least the age of majority in your state or province of residence, and that you consent to any minor dependants using the Services on devices you own, purchase or manage.
You may be asked to provide information such as your email address, billing, payment and shipping details. You represent that this information is accurate, current and complete and that you have the right to provide it. You are responsible for keeping your account credentials secure and for all activity under your account. You may not transfer, sell, assign or license your account to another person.
2. Products
We make every effort to display our products accurately. However, colours and appearance may vary depending on your device and display settings. We do not guarantee that the appearance or quality of products you purchase will meet your expectations or match their appearance on your screen.
Product descriptions may change at any time without notice, at our discretion. We may discontinue products or limit quantities offered to any person, geographic region or jurisdiction on a case-by-case basis.
3. Orders
Placing an order constitutes an offer to purchase. We may accept or decline an order at our discretion. An order is not accepted until we confirm acceptance. Payment must be received and processed before acceptance.
Please review your order carefully before submitting it, as we cannot guarantee cancellation after acceptance. If we decline, change or cancel an order, we will attempt to contact you using the email address, billing address or telephone number provided.
Returns and exchanges are subject to our Refund Policy. See our Refund Policy.
Product-specific licence terms govern the permitted use of purchased digital products. You may not resell or redistribute the preset files themselves.
4. Prices and billing
Prices, discounts and promotions may change without notice. The price charged will be the price applicable when your order is confirmed. Unless otherwise stated, prices do not include taxes, shipping, handling, customs or import charges. Prices may differ from those in physical stores or on third-party websites.
Separate promotion terms may apply and will take precedence if they conflict with these Terms.
You agree to provide current, complete and accurate purchase, payment and account information, and to update it promptly, including your email address and payment card details. You represent that the payment information is accurate, that you are authorised to use the payment method, that your issuer will honour the charges, and that you will pay all applicable charges, shipping costs and taxes.
5. Delivery
Presets and other digital downloads are supplied electronically; no physical shipment is required. If you cannot access your files, contact pierre.gavarry@gmail.com. The shipping provisions below apply only to physical goods.
We are not responsible for shipping or delivery delays. Delivery times are estimates and are not guaranteed. We are not responsible for delays caused by carriers, customs processing or events beyond our control. For consumer purchases of physical goods, risk passes when you or your designated recipient takes physical possession, subject to applicable law.
6. Intellectual property
The Services, including trademarks, brands, text, displays, images, graphics, reviews, video, audio, and their design, selection and arrangement, belong to us, our affiliates or our licensors and are protected by applicable United States and foreign intellectual property laws.
You may use the Services for personal, non-commercial purposes only. Without prior written permission, you may not reproduce, distribute, modify, create derivative works from, publicly display or perform, republish, download, store or transmit materials from the Services. Except as expressly provided, these Terms grant no intellectual property licence. Unauthorised use may violate applicable law. All rights not expressly granted are reserved.
The Pierre GAVARRY name, logos, product and service names, designs and slogans are our trademarks and may not be used without prior permission. Shopify names and marks belong to Shopify. Other names and marks belong to their respective owners.
7. Optional tools
We may provide access to third-party tools that we do not monitor, control or influence. Such tools are provided “as is” and “as available”, without warranties, representations, conditions or endorsement. We accept no liability arising from their use.
Your use of optional tools is at your own risk and discretion. You should be familiar with and approve the relevant provider’s terms. New features, tools or resources added to the Services will also be subject to these Terms.
8. Third-party links
The Services may contain third-party materials or links, including embedded content. We are not responsible for examining or evaluating third-party content or accuracy. Accessing third-party websites is at your own risk.
We are not liable for harm or damage relating to third-party websites, products, services, resources or transactions. Review their policies and practices carefully before transacting. Complaints, claims, concerns and questions about third-party products or services should be directed to the relevant third party.
9. Relationship with Shopify
Our store is powered by Shopify, which enables us to provide the Services. However, purchases and sales made through this store are directly between you and Pierre GAVARRY. Shopify is not responsible for any aspect of those sales, including harm, damage or loss arising from purchased products or services. You expressly release Shopify and its affiliates from claims, damages and liabilities arising from or relating to purchases and transactions with Pierre GAVARRY.
10. Privacy
Personal information collected through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read these policies.
Shopify hosts the Services and collects and processes information to provide and improve them. Information you submit may be shared with Shopify and other third parties, including parties in other countries, to provide the Services. See our Privacy Policy for further information.
11. Feedback
If you submit ideas, suggestions, feedback, reviews, proposals, plans or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display it in any medium and for any purpose, including commercial purposes and operating, providing, evaluating, improving and promoting the Services.
You represent that you own or have the necessary rights to your Feedback, have disclosed any compensation received in connection with it, and that it complies with these Terms. We are not obliged to keep Feedback confidential, compensate you or respond.
We may, but are not required to, monitor, edit or remove content we consider unlawful, offensive, threatening, defamatory, pornographic, obscene, otherwise objectionable or infringing intellectual property rights.
Your Feedback must not violate another person’s copyright, trademark, privacy, publicity or other rights. It must not contain unlawful, abusive or obscene material, or malicious software. You must not use a false email address, impersonate another person or mislead us or others about its origin. You are solely responsible for your Feedback and its accuracy. We assume no liability for Feedback posted by you or third parties.
12. Errors, inaccuracies and omissions
Information on the Services may contain errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability. We may correct these, update information or cancel orders at any time without prior notice, including after an order is submitted.
13. Prohibited uses
You may use the Services only for lawful purposes. You must not use them for illegal or malicious purposes; violate applicable laws; infringe intellectual property rights; harass, abuse, insult, harm, defame, slander, disparage or intimidate our employees or others; submit false or misleading information; knowingly send, receive, upload, download, use or reuse non-compliant material; send unsolicited advertising, junk mail or spam; impersonate another person; or restrict others’ use or expose us, Shopify or users to harm or liability.
You must not transmit malicious code; copy, resell or exploit the Services; collect or track others’ personal information; engage in spam, phishing, pharming, pretexting, spidering, crawling or scraping; or interfere with or circumvent security features.
We may suspend, disable or terminate your access without notice if we determine that you have violated these Terms.
14. Termination
We may terminate this agreement or your access to the Services at any time without notice. You remain responsible for amounts due up to and including the termination date.
Provisions concerning intellectual property, Feedback, termination, warranty disclaimers, limitations of liability, indemnification, severability, waiver and entire agreement, assignment, governing law and privacy, and provisions that by their nature should survive, will survive termination.
15. Disclaimer of warranties
Information on the Services is provided for general information only. We do not warrant its accuracy, completeness or usefulness. Reliance on it is at your own risk, and we disclaim liability arising from reliance by you or other visitors.
THE SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT USE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
Some jurisdictions do not allow certain warranty exclusions, so these exclusions may not apply to you.
16. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, PIERRE GAVARRY, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS, AND SHOPIFY AND ITS AFFILIATES, WILL NOT BE LIABLE FOR INJURY, LOSS, CLAIMS OR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUE, SAVINGS, DATA OR REPLACEMENT COSTS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS, OR FROM CONTENT ERRORS OR OMISSIONS, EVEN IF ADVISED OF THE POSSIBILITY.
17. Indemnification
You agree to indemnify, defend and hold harmless Pierre GAVARRY, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from third-party claims, losses, damages, liabilities and expenses, including reasonable legal fees, arising from your breach of these Terms or incorporated documents, violation of law or third-party rights, or access to or use of the Services.
We will notify you of relevant claims. Failure to notify promptly does not relieve your obligations unless you are materially prejudiced. We may control the defence and settlement at your expense, including the choice of counsel. We will not agree to a settlement imposing non-monetary obligations on you without your consent, which must not be unreasonably withheld. You agree to cooperate, including by providing relevant documents.
18. Severability
If a provision is determined to be unlawful, void or unenforceable, it will be enforceable to the fullest extent permitted by law, and the unenforceable portion will be severed. This will not affect the validity or enforceability of the remaining provisions.
19. Waiver and entire agreement
Failure to exercise or enforce a right or provision is not a waiver. These Terms and any policies or operating rules we post concerning the Services constitute the entire agreement between you and us and supersede prior or contemporaneous oral or written agreements, including earlier versions of these Terms. Ambiguities will not be construed against the drafting party.
20. Assignment
You may not delegate, transfer or assign this agreement or your rights or obligations without our prior written consent. An attempted assignment without consent is void. We may transfer, assign or delegate this agreement and our rights or obligations without your consent or notice.
21. Governing law
These Terms are governed by French law. If you are a consumer, this choice does not deprive you of mandatory protections under the law applicable to you. Competent courts are determined under applicable law; these Terms do not restrict your mandatory rights regarding jurisdiction.
22. Headings
Headings are included for convenience only and do not limit or otherwise affect these Terms.
23. Changes to these Terms
You can review the current version of these Terms on this page. We may update, change or replace any part by posting updates to our website. It is your responsibility to check periodically. We will provide notice of material changes as required by applicable law, and changes will take effect on the date specified in that notice. Continued use of the Services after changes are posted constitutes acceptance.
24. Contact information
Questions about these Terms should be sent to pierre.gavarry@gmail.com.
Trading name: Pierre GAVARRY
Business address: 2 AV SYMPHONIES DE BIZET, 34670 Baillargues, France
Email: pierre.gavarry@gmail.com
Registered business name: Pierre GAVARRY, individual entrepreneur (EI)
SIREN: 830 525 176
SIRET: 830 525 176 00038
VAT is not charged.