服务条款
Overview
These Terms of Service (hereinafter referred to as "Terms") govern the use of the online purchasing services (hereinafter referred to as the "Service") provided by Écru Doux (hereinafter referred to as the "Company").
By using the Service, you agree to be bound by these Terms. If you disagree with all of the Terms, please refrain from using the Service.
The Company reserves the right to modify these Terms at any time without prior notice. Any changes to the Terms will be effective upon posting on this website. By continuing to use the Service after any changes are posted, you accept and agree to the modified Terms.
Any new features or tools that are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
SECTION 1 - Membership Eligibility
1.1. A "Member" refers to an individual who, upon agreeing to these Terms of Service, applies for membership via the internet to utilise the services operated by the Company, and is approved by the Company to become a member, thereby being issued a Member ID.
1.2. Members shall not allow third parties to use their membership, nor shall they lend, transfer, sell, or pledge their membership rights under any circumstances.
SECTION 2 - Membership Registration and Password Management
2.1. Members are responsible for managing their Member ID and password, which are set during the registration process on our online shop.
2.2. Members must not allow third parties to use their Member ID and password, nor lend, transfer, sell, or pledge them under any circumstances.
2.3. If a prospective member is a minor, they must obtain the consent of their legal guardian before applying for membership.
2.4. The Company reserves the right to delete the Member ID and password of specific registered members and prohibit their use of the Service without prior notice if deemed necessary.
The Company may prohibit the use of the Service in the following cases
- If the member has previously had their membership revoked due to violations of these Terms.
- If the registration information provided is false.
- If the member has engaged in activities that interfere with the Company's services or those of third parties, including manufacturers.
- If the member has previously failed to fulfil payment obligations to the Company.
- If a minor registers for membership without the consent of their legal guardian.
2.5. Any actions taken using a Member ID and password will be considered actions taken by the registered member. The member is solely responsible for any damages resulting from unauthorised use by third parties, and the Company assumes no liability.
2.6. If a member's ID and password are used fraudulently by a third party, resulting in damages to the Company, the member shall compensate the Company for those damages.
2.7 Mobile Terms of Service
- The Écru Doux mobile message service (the "Service") is operated by Écru Doux (“Écru Doux”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
- By consenting to Écru Doux’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Écru Doux through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
- You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Écru Doux. Your participation in this program is completely voluntary.
- We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
- You may opt-out of the Service at any time. Text the single keyword command STOP to [insert your sending number] or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Écru Doux mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
- For Service support or assistance, text HELP to [insert your sending number] or email info@ecrudoux.com.
- We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
- The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
SECTION 3 - Disclaimer
3.1 The Company makes no warranties, express or implied, regarding the information, programs, services, or any other content provided on this website, including but not limited to their currency, accuracy, usefulness, suitability for a particular purpose, functionality, or safety, such as the absence of computer viruses or other harmful elements.
3.2 The Company reserves the right to discontinue the operation of this website and the Service or to change its content without prior notice.
3.3 Prices for our products are subject to change without notice.
3.4 We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
3.5 The Company will contact and provide information to customers as necessary, based on the contact information registered by the customers. If a customer changes their contact information but fails to update it with the Company, any communication sent to the previously registered contact information shall be deemed to have been appropriately delivered at the appropriate time.
SECTION 4 - General Conditions
4.1 We reserve the right to refuse Service to anyone for any reason at any time.
4.2 You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
4.3 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
SECTION 5 - Modifications to the Service and Prices
5.1 Prices for our products are subject to change without notice.
5.2 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
5.3 We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 6 - Products or Services
6.1 These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy:
6.2 We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
6.3 We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
6.4 We reserve the right to limit the quantities of any products or Services we offer.
6.5 All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.
6.6 We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
6.7 We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 7 - Accuracy of Billing and Account Information
7.1 We reserve the right to refuse any order you place with us.
7.2 We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
7.3 In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made.
7.4 We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
7.5 You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.
7.6 You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Note: For more details, please review our Refund Policy:
SECTION 8 - Optional Tools
8.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
8.2 You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.
8.3 We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
8.4 Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
8.5 We may also offer new Services and/or features through the website (including releasing new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 9 - Third - Party Links
9.1 Certain content, products and Services available via our Service may include materials from third-parties.
9.2 Third-party links on this site may direct you to third-party websites that are not affiliated with us.
9.3 We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
9.4 We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions connected with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction.
9.5 Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 10 - Personal Information
10.1 Your submission of personal information through the store is governed by our Privacy Policy
SECTION 11 - Errors, Inaccuracies and Omissions
11.1 Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
11.2 We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
11.3 We undertake no obligation to update, amend or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law.
11.4 No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - Withdrawal from Membership
12.1 If a member wishes to deactivate their account, they should complete the cancellation procedure through their personal account page. Please note that once the cancellation process is completed, the account cannot be reinstated.
12.2 In the event of a member's death, the company will consider the membership terminated at that time and will disable the associated member ID and password.
12.3 To unsubscribe from our email communications, please use the unsubscribe link provided in your user account page or at the bottom of our emails.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
13.1 Service Overview
This service involves selecting products sold wholesale on online shopping sites operated by sellers affiliated with our company (hereinafter referred to as "Sellers") and providing them to customers. Additionally, we offer a service where products purchased by customers through this service are shipped directly from the Seller to the customer.
13.2 Payment Including Customs Duties and Shipping Fees
During the purchase process, we provide payment details that include customs duties and shipping fees as necessary.
13.3 Scope of Our Responsibility
Our responsibilities are limited to supporting customers in placing orders, tracking deliveries in cases of significant delays, and assisting in determining whether delivered products are defective based on customer reports. We are not liable for any claims, warranties, or other issues related to the delivered products.
13.4 Shipping Contracts
Customers enter into shipping contracts with carriers provided by the Sellers under their own names. Except in cases where we are at fault, we are not responsible for any damages incurred by customers due to shipping accidents, delays, or damages.
13.5 Service Limitations
The types, sizes, weights, prices, destinations, and other conditions of products available through this service are limited to the scope defined by our company.
13.6 Prohibited Use Beyond Defined Scope
Customers must not use this service beyond the scope defined by our company.
SECTION 14 - Product Purchase Process
14.1 Customers shall purchase products through the methods specified by the Company.
14.2 Upon receiving a purchase request from the customer, some items may not be available for delivery to certain destinations. In that case, we may contact the customer after the order is placed to confirm delivery details or cancel the order. At this stage, the transaction is pending, so the customer is not charged any fees, such as product fees, shipping fees, and customs duties.
14.3 If the ordered products are available for delivery to the customer's destination, the Company shall place an order for the product.
14.4 Unless otherwise approved by the Company, customers may not cancel their purchase request after completing the purchase process.
14.5 The Company reserves the right to accept or reject any purchase request at its sole discretion.
14.6 The transfer of products between the customer and the Company shall be deemed complete when the seller dispatches the product.
14.7 If the seller grants coupon points or similar benefits for purchases made by the Company, such benefits shall be retained by the Company.
14.8 Customers are responsible for all costs associated with the purchase of products, including product prices, shipping fees, customs duties, and any other related charges (collectively, "Product Fees"). Product Fees encompass international shipping costs from the seller to the customer, bank transfer fees to the seller, customs duties in the destination country, and payment processing fees. The Company shall, in principle, select the most cost-effective payment method presented by the seller, and the customer agrees to this selection.
14.9 Customers shall pay the fees listed on the Service at the time of purchase. The Company reserves the right to change these fees without prior notice.
14.10 If a product cannot be purchased due to stock shortages or similar reasons, the Company shall refund the corresponding amount to the customer.
14.11 If the customer fails to pay the Product Fees by the specified deadline, the customer shall pay the Company a late payment penalty at an annual rate of 14.6%.
14.12 If the product is returned to the seller and the customer requests reshipment within 14 days, the Company shall charge the customer for shipping costs, including return and reshipment fees.
14.13 If the customer refuses to accept the product, the Company may, at its discretion, sell, discard, return, or otherwise dispose of the product received from the seller, and the customer shall not object to such actions.
SECTION 15 - Shipping of Products
15.1 The payment system utilised by our company calculates shipping methods, international shipping fees, and other related costs based on the aggregated weight and size of the products, as determined by the shipping carrier. Customers are not permitted to select the shipping method.
15.2 The delivery date of the products shall be determined at the discretion of the seller. Customers cannot specify the delivery date and time.
15.3 Our company shall execute the shipment of products under the customer's responsibility and in accordance with the customer's instructions. Therefore, we shall not be liable for any issues related to export/import information, such as product names, prices, quantities listed on invoices, customs duties incurred, or any import restrictions imposed by the destination country. All customs duties and taxes arising from the importation of products shall be borne entirely by the customer.
15.4 Customers acknowledge that the shipping fees set by our company are estimates and may fluctuate. Even if there is a discrepancy between the estimated shipping fees and the actual costs incurred, our company shall not be obligated to refund any differences. We are not required to provide detailed breakdowns or reports of these costs to the customer.
15.5 Once the seller has completed the shipping procedures with the carrier, the customer cannot change the delivery address of the products.
SECTION 16 - Cancellation of Purchase Due to Non-Delivery
16.1 Once the purchase procedure is completed, the customer cannot cancel the purchase due to personal reasons.
16.2 Our company reserves the right to cancel the customer's purchase under the following circumstances:
(1) If we receive notification from the seller that the product is unavailable and cancellation is requested.
(2) If the product does not arrive at the customer within one month from the order completion date with the seller, except in cases where prior notice of restocking delays was provided.
SECTION 17 - Return Policy
17.1 If a member provides evidence, such as photographs, indicating that the actual product significantly differs from the description provided by the seller on the wholesale site, the Company agrees to negotiate with the seller on behalf of the customer for a return or refund. The Company will refund the amount recovered from the seller to the customer. However, the Company does not guarantee the outcome of such negotiations.
17.2 In the event of a return as described in the previous clause, the customer is responsible for covering the return shipping costs.
17.3 Except as provided above, the Company does not accept any returns or refunds for products.
SECTION 18 - Refusal to Provide the Service
18.1 The Company may terminate the contract without notice if any of the following occur. In such cases, the Company may claim compensation for any damages incurred:
(1) The customer's address or the shipping address cannot be confirmed (no refund).
(2) The shipping company refuses to transport the product (no refund if due to natural disasters, conflicts, or severe weather and the seller or shipping company cannot be contacted).
(3) The product is seized by customs.
(4) The customer fails to pay the Product Fees.
(5) The Company determines that obtaining the product is difficult (a refund notice will be provided).
(6) The customer fails to receive the product by the specified deadline.
(7) The product is returned to the seller, and the customer does not request reshipment within 14 days of the seller receiving the returned product (no refund).
(8) The customer violates these Terms.
(9) Any other situation deemed inappropriate by the Company.
SECTION 19 - Refusal of Service Provision
19.1 In the event that a product is returned to the seller, the seller will store the product for a period of 14 days from the date of receipt.
19.2 If the customer resolves all issues specified in the preceding clause within the 14-day period, they may request the Company to resend the product at their own expense after contacting the Company.
19.3 If the customer fails to resolve all issues within the specified period, or if the customer wishes to dispose of the product within the same period, the Company may sell or otherwise dispose of the product.
19.4 The Company shall not be liable for any damages incurred by the customer due to the disposal of the product as stipulated in this article.
19.5 Notwithstanding the provisions of this article, the Company may initiate procedures under the Civil Execution Act.
SECTION 20 - Refusal of Service
20.1 In the event of the preceding circumstances, if the product is returned to the seller, the product shall be stored for a period determined by each seller, starting from the date the seller receives the returned product.
20.2 If the customer resolves all the issues stipulated in the preceding paragraph within the specified period, they may request the Company to reship the product after contacting the Company, bearing the return shipping costs themselves.
20.3 If the customer fails to resolve all the issues stipulated in the preceding paragraph within the specified period, or if the customer wishes to dispose of the product within the same period, the Company may dispose of the product through sale or other methods.
20.4 The Company shall not be liable for any damages incurred by the customer due to the disposal of the product as stipulated in this article.
20.5 Notwithstanding the provisions of this article, the Company may initiate procedures under the Civil Execution Act.
SECTION 21 - Suspension and Interruption of the Service
21.1 The Company may temporarily suspend or interrupt all or part of the Service without prior notice to Members under the following circumstances:
(1) When performing maintenance or updates on systems necessary for providing the Service.
(2) When it becomes difficult to provide the Service due to fire, power outages, natural disasters, system failures, or conflicts.
(3) When services from necessary telecommunications carriers are not available.
(4) When the Company deems it necessary to temporarily suspend or interrupt the Service for other reasons.
21.2 The Company shall not be liable for any damages incurred by Members due to the temporary suspension or interruption of the Service.
SECTION 22 - Prohibited Conduct
22.1 Users shall not engage in any of the following acts when using the Service:
(1) Using the Service for fraudulent or unlawful purposes.
(2) Infringing upon the intellectual property rights (including trademark rights, copyrights, design rights, and patent rights), portrait rights, publicity rights, or any other rights of the Company or third parties.
(3) Engaging in acts that constitute or are likely to constitute fraud or other criminal activities.
(4) Impersonating a third party to use the Service.
(5) Illegally using the facilities of the Company or third parties, or interfering with their operations.
(6) Violating laws, these Terms of Use, individual terms, or public order and morals.
(7) Interfering with the operation of the Service.
(8) Engaging in any other acts that the Company deems inappropriate.
22.2 If a user violates these Terms of Use or any individual terms, and the Company incurs any damage as a result, the Company may claim compensation for damages from the user.
SECTION 23 - Scope of Our Responsibility
23.1 The Company does not guarantee that products for which the customer has completed purchase procedures through our service will be available for purchase on online shopping sites.
23.2 The Company shall not be liable for any damages incurred by the customer as a result of accessing third-party advertisements, links, etc., displayed on our website.
23.3 The Company does not guarantee that customers will be free from damages caused by harmful programs such as computer viruses when using our website.
23.4 The Company makes no warranties regarding the operation of any equipment or software used by the customer when utilizing our service.
23.5 The Company shall not be responsible if the products purchased by the customer do not meet the desired quality or price expectations.
23.6 The Company shall not bear any communication costs incurred by the customer when using our service.
23.7 This section defines the scope of the Company's responsibility, and under no circumstances shall the Company be liable for lost profits, indirect damages, special damages, attorney's fees, or any other damages not specified herein.
SECTION 24 - Representations and Warranties
The applicant for membership and the member (hereinafter collectively referred to as the "Member") represent and warrant to the Company that:
a) The Member is not an Anti-Social Force, which includes but is not limited to organized crime groups, members of organized crime groups, companies affiliated with organized crime groups, corporate extortionists (sokaiya), or any other similar entities.
b) In the case where the Member is a corporation, none of its officers (including directors, executive officers, or any persons equivalent thereto) are Anti-Social Forces.
c) The Member will not use the services provided by the Company for the benefit of Anti-Social Forces, nor allow Anti-Social Forces to use the Member's name to access the Company's services.
d) The Member will not, either by itself or through the use of third parties, engage in any of the following acts:
i) Making violent demands.
ii) Making unreasonable demands exceeding legal responsibilities.
iii) Using threatening behaviour or violence in relation to transactions.
iv) Spreading false rumours, using fraudulent means, or obstructing the Company's business operations.
SECTION 25 - Customs & Import Taxes
Customers are responsible for any customs duties, import taxes, or related fees required by their country’s customs authorities. These charges are not included in our product prices.
SECTION 26 - Suspension or Termination of Services
The Company may suspend or discontinue all or part of the Website and the Services without prior notice or demand to users if any of the following events occur:
- In the event of natural disasters such as fire, earthquake, flood, lightning, heavy snowfall, or other acts of nature
- In the event of war, civil unrest, terrorism, riots, disturbances, major epidemics, or other social instability
- If the Company is unable to receive appropriate services from telecommunications carriers, transportation companies, or internet service providers with which it has contracted
- If circumstances arise that are technically impossible for the Company to address
- In the event of scheduled or emergency maintenance of the computer systems used to provide the Services (hereinafter referred to as the “System”)
- If the operation of the System becomes difficult due to system failures, unauthorised access by third parties, computer virus infections, or similar issues
- If required by laws, regulations, or requests from administrative or judicial authorities based on reasonable grounds
- In any other cases where the Company determines that suspension or discontinuation of the System is unavoidable