Terms of service

Welcome to Eskua Juggling! The terms « we », « our » and « our » refer to Eskua Juggling. Eskua Juggling operates this shop and website, including all related information, content, features, tools, products and services in order to provide you as a customer with a personalized shopping experience (hereinafter the « Services »). Eskua Juggling is a Shopify powered store, which allows us to provide the Services to you.

The following Terms and Conditions of Use and all related policies (the « Terms of Service » or « Terms ») describe your rights and responsibilities when you use 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 our Privacy Policy [LINK]. If you do not accept these Terms of Service or Privacy Policy, you must not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT
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 agree to allow any minor in your care to use the Services on devices you own, purchase or manage.
To use the Services, including to access or browse our online stores, or to purchase 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 correct, current and complete and that you have all the necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and all activities on your account. You may not transfer, sell, assign or assign your account to any other person.

SECTION 2 – OUR PRODUCTS
We have endeavored to provide an accurate representation of our products and services in our online shops. However, please note that the colors or appearance of the products may differ from the way they appear on your screen due to the type of device you use to access the store, the settings and configuration of your device.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be the same as described or rendered in our online stores.
All product descriptions are subject to change at any time and without notice, at our sole discretion. We reserve the right to remove any product at any time and may limit the quantities of any product we offer 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. Eskua Juggling reserves the right to accept or refuse your order for any reason at its discretion. Your order is not accepted until Eskua Juggling has confirmed its acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as Eskua Juggling may not be able to respond to cancelation requests after accepting an order. In the event that we do not accept, modify or cancel an order, we will try to inform you by contacting the email address, billing address and/or telephone number provided at the time of the order.
Your purchases may be returned or exchanged only in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your personal or domestic use and not for commercial resale or export.

SECTION 4 – PRICING AND INVOICING
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 the order is placed and will be indicated in your order confirmation email. Unless otherwise stated, the prices displayed do not include taxes, shipping and handling fees, customs or import fees.
The prices displayed in our online stores may be different from the prices offered in physical stores or in online stores or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect prices and are governed by separate Terms of Use 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 account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you if necessary.
You represent and warrant that (i) the credit card information you provide is true, correct and complete, (ii) you are duly authorized to use this credit card for the purchase, (iii) the amounts charged by you will be honored by your credit card institution, and (iv) you will pay the amounts charged by you at the prices displayed, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All shipping times are estimates and are not guaranteed. We are not responsible for delays caused by freight carriers, customs treatment or events beyond our control. Once we transfer the products to the carrier, title and risk of loss are transferred to you.

SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, trademarks, text, displays, images, graphics, product reviews, videos and audios, and the design, selection and arrangement thereof, are the property of Eskua Juggling, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms authorize you to use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any of the Services' materials without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting any license or other rights to you under any patent, trademark, copyright or other intellectual property of Eskua Juggling, Shopify or any third party. Unauthorized use of the Services may violate federal and national intellectual property laws. All rights not expressly granted herein are reserved to Eskua Juggling.
Eskua Juggling's names, logos, product and service names, designs and slogans are registered trademarks of Eskua Juggling or its affiliates or licensors. You may not use these trademarks without the prior written consent of Eskua Juggling. Shopify's name, logo, product and service names, designs and slogans are registered trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are registered trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS
You may have access to customer tools offered by third parties as part of the Services, which we do not monitor and over which we have no control or influence.
You acknowledge and agree that we provide access to these tools « as is » and « as available » without any warranty, representation or condition of any kind and without any endorsement. We accept no liability arising out of or in connection with your use of the optional third party tools.
Any use by you of the optional tools offered on the Site is entirely your responsibility and appreciation, and you must ensure that you are aware of and agree to the terms under which the tools are provided by the relevant third party provider(s).
We may also, in the future, offer new features through the Services (including the publication of new tools and resources). These new features must also be considered part of the Services and will be subject to these Terms of Service.

SECTION 8 – LINKS TO THIRD PARTIES
The Services may contain documents and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for reviewing or evaluating the content or accuracy of any third party materials or websites that you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so under your own responsibility.
We are not responsible for any damages or losses related to your access to third-party websites, or your purchase or use of products, services, resources or content on third-party websites. Please carefully review the policies and practices of third parties and ensure that you understand them before engaging in any transaction. Complaints, complaints, concerns or questions about third party products and services should be addressed to the third party concerned.

SECTION 9 – RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section specifically describes the relationship between Shopify and your store and should not be deleted or modified].
Eskua Juggling is powered by Shopify, which allows us to provide the Services to you. However, the sales and purchases you make in our Shop are made directly with Eskua Juggling. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Eskua Juggling, including any damages, damages or losses resulting from the products and services purchased. You hereby expressly release Shopify and its affiliates from any and all claims, damages and liabilities arising out of or relating to your purchases and transactions with Eskua Juggling.

SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be found here [LINK], and some personal information may be subject to Shopify's Privacy Policy, which can be found here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services to you. The information you submit to the Services will be transmitted and shared with Shopify, as well as with third parties that may be located in countries other than the country where you reside, in order to provide you with services. See our Privacy Policy [LINK] for more details on how we, Shopify and our partners use your personal information.

SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, packages, or other content (collectively, « Feedback »), you grant us a perpetual, worldwide, sublicensable, and fully royalty-free license to use, reproduce, modify, publish, distribute, and display this Feedback on any medium and for any purpose, including for commercial purposes. We may, for example, use the rights granted to us by this license to operate, provide, evaluate, strengthen, improve and promote the Services, as well as 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 the necessary rights to all Experience Feedback; (ii) you have disclosed any compensation or inducement received in connection with your Experience Feedback submission; and (iii) your Experience Feedback will comply with these Terms. We have and will have no obligation (1) to maintain the confidentiality of your Feedback; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but are not obligated to, monitor, modify or remove Feedback that we deem, in our sole discretion, to be unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or that violates a party's intellectual property or these Terms of Service.
You agree that your Feedback does not violate any third party rights, including copyright, trademarks, privacy, personality or any other personal or proprietary rights. You also agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene language, or computer viruses or other malware that may in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself or mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you provide and its accuracy. We assume no responsibility for any Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Information on or in the Services may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping costs, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to modify or update information or cancel orders if information is inaccurate, at any time and without notice (including after you have submitted your order).

SECTION 13 – PROHIBITED USES
You may only access and use the Services for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for unlawful or malicious purposes; (b) to violate any international, federal, provincial or national regulation, rule, law or local ordinance; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (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, download, use or reuse any material that does not comply with these Terms; (g) to transmit or ensure the sending of any advertising or promotional material, including any « junk mail », « chain of letters », « spam » or any similar solicitation; (h) or attempt to impersonate another person or entity; or (i) to engage in any other conduct that restricts or prevents the use or enjoyment of the Services by anyone, or that we believe may harm Eskua Juggling, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to (a) download or transmit viruses or any other type of malicious code that will or may be used in a way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any part of the Services; (c) collect or track the personal information of others; (d) send spam, phishing, pharming, pretext, robot, collector, or scraping; or (e) interfere with or circumvent the security features of the Services or any associated website, other websites or the Internet. We reserve the right to suspend, deactivate or terminate your account at any time, without notice, if we believe you have violated any part of these Terms.

SECTION 14 – TERMINATION
We may terminate this Agreement or your access to the Services (or any part thereof) at our sole discretion, at any time and without notice, and you will remain liable for all amounts due up to and including the termination date.
The following sections will continue to apply after any termination: Intellectual Property, Experience Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnity, Dissociability, Waiver; Entire Agreement, Assignment, Applicable Law, Privacy Policy, and any other provision that by its nature should survive termination.

SECTION 15 – SAFEGUARDS DISCLAIMER
The information presented on or through the Services is made available only for general information purposes. We do not guarantee the accuracy, completeness or usefulness of this information. Any reliance you place on this information is strictly at your own risk. We assume no responsibility for the trust that you or any other visitor to the Services, or anyone else who is aware of their content, places in such content.
EXCEPT AS EXPRESSLY STATED BY Eskua Juggling, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED « AS IS » AND « AS AVAILABLE » FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL ESKUA Juggling, OUR PARTNERS, DIRECTORS, ADMINISTRATORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR 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, LOST DATA, REPLACEMENT COSTS, OR ANY OTHER SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE RESULTING FROM YOUR USE OF THE SERVICES, OR ANY PRODUCT OBTAINED BY USING THE SERVICES, OR FOR ANY OTHER CLAIM IN ANY WAY RELATED TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY ERROR OR OMISSION IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) PUBLISHED, TRANSMITTED OR MADE AVAILABLE THROUGH THE SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THEIR POSSIBILITY.

SECTION 17 – COMPENSATION
You agree to indemnify, defend, and hold harmless Eskua Juggling, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any and all losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to a third party as a result of or arising out of (1) your breach of these Terms of Service or the materials incorporated therein by reference, (2) your breach of any law or the rights of a third party, or (3) your access to and use of the Services.
We will inform you of any compensable claim, provided that a failure to notify promptly will not relieve you of your obligations, unless you suffer material damage. We may control the defense and settlement of this claim at your expense, including the choice of attorney, but we will not settle a claim requiring non-monetary obligations on your part without your consent (which must not be unreasonably denied). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 18 – SEVERABILITY
If any provision of these Terms of Service is found to be illegal, void or unenforceable, that provision will nevertheless apply to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed to be deleted from these Terms of Service, without affecting the validity and enforceability of the remaining remaining provisions.

SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of the Terms of Service does not constitute a waiver of such right or provision.
These Terms of Service and any operating policies or rules published by us on this site or regarding the Service constitute 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, all prior versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the party who drafted them.

SECTION 20 – DISPOSAL
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be void. We may transfer, assign or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 21 – APPLICABLE LAW
These Terms of Service and any separate agreement by which we provide Services to you shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction in which Eskua Juggling has its registered office. You and Eskua Juggling agree to the venue and personal jurisdiction of these courts.

SECTION 22 – TITLES
Titles used in this Agreement are for convenience only and do not limit or affect these Terms.

SECTION 23 – CHANGES TO TERMS OF SERVICE
You can view the most recent version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, modify or replace any part of these Terms of Service by posting updates and modifications on our website. It is your responsibility to check our website regularly to see if any changes have been made. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will become effective on the date specified in the notice. Continued use of or access to the Services after the posting of any changes to these Terms of Service constitutes acceptance of such changes.

SECTION 24 – CONTACT DETAILS
Questions about the Terms of Service should be sent to us at contact@eskuajuggling.com.
Our contact details are displayed below:
Eskua
contact@eskuajuggling.com
96 rue condisteguy, B6
0610027286
930,237,797

FR26 930 237 797