My Petite French Box Terms & Conditions

 

TERMS AND CONDITIONS OF USE AND SALE

My Petite French Box, LLC (“Petite French Box”, “us” or “we”), offers a service that gives you access to French subscription boxes containing French products. Petite French Box owns and operates the Site and online services of www.mpfbox.com (the “Site”). These terms and conditions of Use and Sale (“Terms and Conditions”) explains the terms by which you may use our Site in order to purchase any products from our Site (collectively the “Products’) or to subscribe to one of our subscription services (collectively the “Services”). These Terms and Conditions form a binding agreement between you, visitor, user of this Site (“You”) and us.

BY ACCESSING OR USING THE SERVICES OR PURCHASING ANY PRODUCT LISTED ON OUR SITE, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREEE TO BE BOUND BY THESE TERMS AND CONDITIONS AND TO THE COLLECTION, USE AND DISCLOSURE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION AS SET FORTH IN OUR PRIVACY POLICY, WHETHER OR NOT YOU ARE A REGISTERED USER OF OUR SITE OR ANY SERVICES.

If you do not agree with any of these Terms and Conditions or our privacy policy, you should not use the Site or make a purchase using the Site. These Terms and Conditions are subject to change, in our discretion.  Any amendments to these Terms and Conditions will take effect from posting on the Site.  Because the Terms and Conditions may have changed, you should review the Terms and Conditions each time you make an order.  The Terms and Conditions which apply at the time you place an order are the Terms and Conditions that will govern that purchase.

1        ACCESS TO OUR SITE AND TOOLS

1.1       General.

1.1.1      Eligibility. To use the Site, you must be 18 years old and older and competent and not have been suspended or revoked by Petite French Box to use this Site for any reason. By using this Site on behalf of any third party, you are representing to us that you are an authorized representative of that third party and that your use of the Site constitutes that third party’s acceptance of these Terms and Conditions. We reserve the right to revoke your ability to access the Products and Services offered on the Site for any reason, at any time including as a result of a violation of these Terms and Conditions or Privacy Policy without notice.

1.1.2      License to Use the Site.  Subject to your compliance with these Terms and Conditions, we grant you a limited, non-exclusive, non-sub licensable, non-transferable, and revocable right to access the Site and access the Products and Services offered on this Site for your personal, non-commercial use, and as we otherwise intend. We reserve the right to monitor your use of the Site for the purpose of determining that your usage complies with these Terms and Conditions.

1.1.3      Prohibited Conduct. In order to use this Site or the Products or Services offered by this Site, you agree not to engage in any of the following prohibited activities:

  • copying, distributing, or disclosing any part of the Site or Services in any medium, including without limitation by any automated or non-automated “scraping”;

  • using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site or Services in a manner that sends more request messages to the Petite French Box servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Petite French Box grants the operators of public search engines revocable permission to use spiders to copy materials from our Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);

  • transmitting spam, chain letters, or other unsolicited email;

  • attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;

  • taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;

  • uploading invalid data, viruses, worms, or other software agents through the Site or Services;

  • collecting or harvesting any personally identifiable information, including account names, from the Site;

  • using the Site for any commercial solicitation purposes;

  • impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;

  • interfering with the proper working of the Site;

  • accessing any content on the Service through any technology or means other than those provided or authorized by the Site; or

  • bypassing the measures, we may use to prevent or restrict access to the Site, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein.

We may, without prior notice, change the Site; stop providing any Products or Services or features of the Site, to you; or create usage limits for the Site.

1.2       Account Registration and Use.

1.2.1      Account Registration. If you wish to purchase any Product or Service made available through the Site (each such purchase, a “Transaction”), you may be asked to create an account and supply us with certain information relevant to your Transaction. You must provide us with complete and accurate account information. You must promptly update such information to keep it complete and accurate. By creating an account, you represent and warrant that all required account information you submit is truthful and accurate and that you will maintain the accuracy of such account information.

1.2.2      No Account Registration. You may also be able to purchase certain Products without the need to create an account. In such situation, you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping address. You represent and warrant that you have the legal right to use any credit card or other payment method utilized in connection with any Transaction. By submitting such information, you grant Petite French Box the right to provide such information to third parties for purposes of facilitating the completion of the Transaction initiated by you or on your behalf.

1.2.3      Security of your Account. You are entirely responsible for maintaining the confidentiality of your passwords and will be solely liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your passwords or account, either with or without your knowledge. You will also be liable for losses, damages, liability, expenses and attorneys’ fees incurred by Petite French Box or a third party due to someone else using your passwords or account. You agree to notify us immediately of any unauthorized use of your account or any breach of security.

2        USER CONTENT

2.1       User Content. Any text, photographs, artwork, ideas, questions, reviews, comments, suggestions or other content that you submit or post to the Site or otherwise provide to us are referred to as “User Content”. You retain ownership of your User Content.

2.2       License Grant.  By sharing, submitting or uploading any User Content, you grant Petite French Box a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, display, publish, perform, sell, transmit, adapt, translate, modify, reverse-engineer, disassemble and create derivative works from your User Content in any manner existing now or created in the future.

2.3       Your Responsibility for User Content. You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal. You agree that you are solely responsible for all User Content that you post on the Site. Accordingly, you represent and warrant that (1) you have all rights, licenses, consents and releases necessary to grant us the required rights to disseminate any User Content and (2) neither your User Content nor your posting of your User Content or our use of your uploaded User Content on the Site, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or any other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.

2.4       No Obligation Regarding User Content. We will not have any obligation to hold any User Content in confidence or compensate you or anyone else for its use. We have the right to remove or edit any User Content for any reason or no reason at all.

3        SUBSCRIPTION CONTRACT BETWEEN YOU AND PETITE FRENCH BOX

3.1       Bi-Monthly Subscription Plan. Petite French Box offers a bi-monthly subscription (the “Bi-Monthly Subscription”).  By purchasing a Bi-Monthly Subscription, you agree that (i) you will receive your subscription boxes every two months, (ii) that your subscription has an initial and recurring payment charge at the then-current-subscription rate and you accept responsibility for all bi-monthly recurring charges prior to cancellation, including where applicable any charges processed by Petite French Box after the expiration date of your payment card.

3.2       Automatic Bi-Monthly Renewal Terms. Your Bi-Monthly Subscription will be automatically renewed for successive bi-monthly periods and your payment method will automatically be charged for each successive bi-monthly period at the then-current-subscription rate until you cancel your Bi-Monthly Subscription renewal. As such, until such time as you terminate your Bi-Monthly Subscription in accordance with the directions as set forth in sub section 3.3. below, you hereby authorize, agree and assent to Petite French Box automatically billing your credit card submitted as part of the order process for such amounts that are due.

3.3       Payment Responsibility. You will be solely responsible for payment of all taxes (other than taxes based on Petite French Box’s income), fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product purchase (“Taxes”) not withheld by us, including, without limitation, all Product purchased pursuant to a Bi-Monthly Subscription.  All payments are non-refundable (except as expressly set forth in this Section II).  Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You agree to pay for all collection costs, attorneys’ fees, and court costs incurred in the collection of past due amounts.

3.4       Cancellation Policy for Bi-Monthly Subscription. You can cancel your Bi-Monthly Subscription at any time after your first box ships (i) by log in to your account and follow the cancellation procedures on our Site or (ii) by contacting our Customer Service. The cancellation will take effect the following month of the then-current-subscription term (e.g. you have a subscription for the months of January, March, May, etc… if you cancel your subscription on February, the cancellation will take effect on March 1st) and you may use your subscription until the end of your then-current-subscription term.

4        TERMS OF SALE

 

The following terms of sale apply to your purchase of the Products offered on the Site, whether by way of subscription plan or purchase of a Product alone without any subscription plan.

4.1       Order and Acceptance

4.1.1      Placing an order. You may place an order online by completing and submitting an order on our Site, in accordance with any purchasing instructions published on the Site. When your order is completed, you will be provided with an email confirming the details of your order, pending delivery. If you do not receive an email, contact Customer Service before you try to place another order for the same Product or Service. When your order ships, you will be provided with a second email attaching your receipt and providing you with an estimated date of delivery and a link to track and trace your order. Your receipt, not your order confirmation, is your proof of purchase. Keep it in a safe place as it is required for any warranty claims. Subject to any quantity restrictions that may be published on the Site or otherwise notified to you, you may order as many Products as you wish in one order. If, however, you elect to place multiple, separate orders, a separate delivery fee (where applicable) will apply to each order. All orders for Products or Services purchased under these Terms and Conditions are for personal, non-commercial use only and must not be resold.

4.1.2      Acceptance. Orders are subject to Petite French Box’s acceptance and may be refused by Petite French Box, at our discretion, at any time, for example in cases where.

  • Orders cannot be processed due to an error in the information you have provided;

  • There is an error on the webpage relating to the Products or Services that you have ordered (genuine human or system error including error related to the price or description of the Product or Service displayed for example);

  • The Products or Services you have ordered are no longer available through the Site.

4.1.3      Rejection. If we reject an order, Petite French Box will contact you, and cancel or reject, and refund the value of, that part of your order affected by the error. Alternatively, we may agree with you to place your order on backorder, for delivery once the product becomes available. We will not be liable to You for any loss You or any third party suffers for a delay or failure to process your order or deliver products due to inaccurate or incomplete details being provided in an order. 

4.2       Price and Payment

4.2.1      Price. When you place an order, we will charge you, and you agree to pay:

  • the purchase price for each product or Bi-Monthly Subscription ordered;

 

  • any applicable shipping fees, in the amounts specified on the Site; and

All prices and shipping fees are expressed in U.S. Dollars, and are inclusive of any applicable sales, use, value added, revenue or excise tax, customs, import/export, or other tax, fees, or other charges of any nature imposed by any public authority (national, state, local or other) applicable to the Products supplied hereunder.

Advertised prices may change. However, if you have already placed an order, the price that applies is the price specified at the time your order was completed (unless section 1.5 applies). 

4.2.2      Payment methods. Payment methods are specified on the Site.  The name on any credit card used for payment must match the name on the order.  If your payment cannot be processed, your order will be rejected and you will be prompted to review the details provided or use an alternate payment method.

4.2.3      Promotional discount. If you have a promotional/discount/coupon code, you will be prompted to enter the code at the checkout and this will generate a discount from your order value or add an incentive. It is your responsibility to ensure that the code is valid and that you enter the code or advise your customer service representative prior to finalizing your order.  Codes may be subject to separate terms and conditions of use, are only valid for limited times, and cannot be used in conjunction with any other offer or discount. If you are unable to use a promotional code, please contact Customer Service.

4.2.4      Representations and Warranties. You represent and warrant that in paying or attempting to pay for Products or Services using the Site, you are not engaged in any fraudulent conduct or contravening any applicable state or federal laws.

4.3       Products Availability and Description.

4.3.1      Out of Stock. From time to time, Products may be out of stock and Petite French Box may not be able to fulfil your order.  If this happens, we will contact you and refund you the price paid for any Products we are unable to supply.

4.3.2      Withdrawal or Suspension of Products. We may withdraw or suspend from sale any Product displayed on the Site, either temporarily or permanently.  If we withdraw or suspend from sale a Product after your payment has been processed, we will contact you and provide you with a full refund of any money paid.

4.3.3      Pricing changes or errors. We reserve the right to change the prices and available Products and Subscriptions at any time. Any Subscription you have already paid for as of the date of such notice will not be affected by such change for the then-current term of the Subscription. We may occasionally make errors in the stated prices on this Site. If a Product’s correct price is higher than the listed price, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation.

4.3.4      Products Description. Petite French Box has made reasonable efforts to ensure that Product information is accurate and to display as accurately as possible the colors of our Products, however we cannot guarantee that your screen's display will accurately reflect the color of the Product on delivery. You acknowledge and agree that images of products are for illustrative purposes only and that any accessory featured with a Product may be sold separately. We try to make the Site thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the Site may be incorrect, incomplete, inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use. We apologize in advance for any such errors that may result in an incorrect price, inaccurate description, item unavailability or otherwise affect your order. We reserve the right to correct errors (whether by changing information on the Site or by informing you of the error and giving you an opportunity to cancel your order) or to update Product information at any time without notice.

4.4       Delivery, Inspection.

4.4.1      Shipping Fees. Products will not be dispatched for delivery until after full payment, inclusive of any applicable shipping fees, has been received. Shipping fees will depend on the value of your order and the country to which the Product is being shipped. Any customs duties that may be imposed on the deliveries will be paid by you. If you do not agree to pay the delivery fee, you should not complete your order.

4.4.2      Delivery Address. Delivery will be made to the address specified in the purchase order. If you need to change the delivery address, please contact Customer Service as soon as possible and we will do our best to redirect your order.  However, we will not be liable for any loss you or any third party suffer as a result of our inability to execute your request to change the delivery address.

4.4.3      No Guarantee on Delivery Dates. All delivery and shipment dates stated are approximations only, not guarantees, and are subject to Product availability. You will, however, be provided with a track and trace link once your order has shipped, which will provide an estimated delivery date and details of how and when to contact us to follow up on the status of your order. A signature on delivery may be required.

4.4.4      Risk of Title and Risk of Loss. Ownership of and risk in the Products you have ordered will pass to you at the time we deliver the Products to the common carrier for shipment. By purchasing Products on the Site for shipment, you are asking us to engage a common carrier to deliver your order. We reserve the right to choose any and all procedures, packaging and the common carrier of such sold Products.

4.4.5      Damaged or Incomplete Shipment. If you receive a damaged or incomplete shipment of Products (“Damaged Product”), please contact our Customer Service. We must receive notice of a damaged or incomplete shipment within 15 days of receipt (as shown on by our common carrier’s shipping information). We will accept returns for a full refund or exchange only in accordance with the return policy set forth below in sub section 4.6. Provided that we confirm that your Products was a Damaged Product and was returned in accordance with the return procedures below, your sole and exclusive remedy is that (a) we will issue a refund to your credit card in the amount charged for the Damaged Product or (b) we will allow an exchange of a similar Product.

4.5       Changes and Cancellation.

4.5.1      Products Changes, Cancellation. You can make changes to or cancel your order at any time before your order has been processed. To make changes to your processed order, please contact Customer Service. If your order has already been dispatched you will only be able to cancel your order and request a refund of the Product within 30 days of delivery such as mentioned in the Return policy mentioned in Sub Section 4.6 below. To exercise your right to cancel, you must inform us on your decision to cancel your order by emailing our Customer Service. You must then send us back the Product in accordance with the return procedure mentioned in Sub Section 4.6 below. We will then reimburse you within 15 days after we receive the returned Product. Please note that this cancellation policy does not apply to (i) any Product already opened and/or used or (ii) any Product damaged or shipped incorrectly.

4.5.2      Bi-Monthly Subscription Cancellation. Please refer to sub Section 3.4.

4.6       Return Policy for Products.

4.6.1      Return Policy. You have 15 days after delivery to return your Product to us for a refund or an exchange.

4.6.2      Procedure. You must contact our Customer Service before returning any Product and inform us of your intent to return a Product. Products may not be and we are not responsible for Products returned without a Return Authorization (RA) Number from us. All returned Products must be marked with the RA Number and be returned within fifteen (15) days from the date that the Product is received by you. Return Products should be shipped back to us freight and delivery prepaid. Any refunds made by us shall be refunded in the manner in which the order was paid.

4.6.3      Exclusions. Please note that this return policy does not apply to (i) any Product already opened and/or used by you, (ii) any Product damaged or shipped incorrectly by you, (iii) any Product labelled as non-returnable or (iv) any Bi-Monthly Subscription.

5        WARRANTIES; DISCLAIMERS

 

5.1       No Warranties. THE SITE, PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PETITE FRENCH BOX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, AND ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRIGEMENT. PETITE FRENCH BOX DOES NOT WARRANT THAT ANY PRODUCTS WILL BE IN STOCK, SAFE, DEFECT-FREE, CONFORM WITH WRITTEN OR ORAL SPECIFICATIONS, GUARANTEES, REPRESENSATIONS AND WARRANTIES OR THAT PRODUCTS WILL NOT BE LOST IN SHIPMENT. PETITE FRENCH BOX DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY, A MANUFACTURER THROUGH OUR SERVICE, SUBSCRIPTION BOXES OR ANY HYPERLINKED WEBSITE OR SERVICE. PETITE FRENCH BOX WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION OR CLAIM BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES (SUCH AS MANUFACTURERS) ON OUR SITE. OUR PRODUCTS ARE PROVIDED BY MANUFACTURERS AND WE DO NOT REPRESENT OR WARRANT THAT THE PRODUCT INFORMATION ON OUR SITE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS. IF YOU HAVE A SPECIFIC QUESTION ABOUT A PRODUCT, WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTEND ON OUR WEBSITE AND THAT YOU CONSULT THE PRODUCTS LABEL OR CONTACT THE MANUFACTURER DIRECTLY.

5.2       Use of Site is at Your Own Risk. PETITE FRENCH BOX DOES NOT REPRESENT OR WARRANT THAT THE SITE, SERVICES OR EMAILS SENT TO YOU WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR THAT ALL INFORMATION WILL BE ACCURATE OR COMPLETE. YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF MATERIAL OR DATA. PETITE FRENCH BOX MAKES NO REPRESENTATION, WARRANTY, GUARANTEE OR PROMISE THAT THE PRODUCTS, SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULTS. WE WILL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CONTENT OR SERVICES ON THE SITE, ANY LINKS TO THIRD-PARTY WEBSITES OR ANY THIRD-PARTY WEBSITES. PACKAGING, LABELS AND INSTRUCTIONS MAY CONTAIN MANUFACTURER DISCLAIMERS AND LIMITATIONS OF LIABILITY THAT APPLY TO THE PRODUCTS YOU PURCHASE. PETITE FRENCH BOX MAKES ALL DISCLAIMERS IN THIS PARAGRAPH ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS.

5.3       Rights may vary from State to State. Some States do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. Your rights may vary from state to state. To the extent that we may not, as a matter of law, disclaim any implied warranty, the scope and duration of such warranty will be the maximum permitted under such applicable law.

6        LIMITATION OF LIABILITY 

6.1       No Indirect, Consequential Damages. PETITE FRENCH BOX SHALL NOT BE LIABLE FOR ANY (A) SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, ARISING FROM OR RELATED TO A BREACH OF THESE TERMS AND CONDITIONS OR THE OPERATION OR USE OF OR INABILITY TO USE THE SITE, PRODUCTS OR SERVICES INCLUDING SUCH DAMAGES, WITHOUT LIMITATION, AS DAMAGES ARISING FROM LOSS OF DATA OR PROGRAMMING, LOSS OF REVENUE OR PROFITS, FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, DAMAGES TO EQUIPMENT, COST OF REPLACEMENT PRODUCTS AND CLAIMS AGAINST YOU BY ANY THIRD PERSON, EVEN IF PETITE FRENCH BOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTES OR OTHEWISE; (B) DAMAGES (REGARDLESS OF THEIR NATURE) FOR ANY DELAY OR FAILURE BY PETITE FRENCH BOX TO PERFORM ITS OBLIGATIONS DUE TO ANY CAUSE BEYOND OUR REASONABLE CONTROL; (C) MISUSE, MISAPPLICATION, IMPROPER OR FAULTY INSTALLATION, OR USE OF PRODUCTS IN ANY MANNER OR FOR ANY PURPOSE OTHER THAN AS SPECIFIED BY US OR THE MANUFACTURER OF SUCH PRODUCT; OR (C) ANY CLAIMS ARISING OUT OF CLAIMS MADE A SUBJECT OF LEGAL PROCEEDING AGAINST PETITE FRENCH BOX MORE THAN ONE YEAR AFTER ANY SUCH CAUSE OF ACTION FIRST AROSE.

6.2       Limited Liability for Direct Damages. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, PETITE FRENCH BOX’S LIABILITY, WHETHER UNDER CONTRACT LAW, TORT LAW, WARRANTY, OR OTHERWISE SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED THE PURCHASE PRICE PAID OR PAYABLE BY YOU FOR THE PRODUCT AT ISSUE, OR IF THE CLAIM DOES NOT RELATE TO A PRODUCT, $100.00.

7        INDEMNIFICATION

You agree to defend, indemnify and hold harmless Petite French Box and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; (vi) any other party’s access and use of the Site with your unique username, password or other appropriate security code or (vii) alleging bodily injury, death, property damage or other damages arising from your or a third party’s use or misuse of any Product purchased by you on the Site.

8        INTELLECTUAL PROPERTY; THIRD-PARTY CONTENT

8.1       Intellectual Property Rights. All content (other than User Content) on the Site or otherwise made available via the Site, including the text, notes, graphics, photos, sounds, music, videos, interactivities and the like (“Content”), the trademarks, service marks and logos contained therein (“Marks”), the design of the Site and/or Services (“Site Design”), and all software and other technology used to provide the Site and/or Services (“Technology”), are owned by or licensed to Petite French Box and/or its affiliates. Content is provided to you “as is” for your information and personal use only and may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever. We reserve all rights not expressly granted in and to the Site, Content, Marks, Site Design and Technology. Using the Site and/or Services does not give you any ownership of or right in or to any Content, Marks, Site Design and Technology.

8.2       Third-Party Content. The Site may contain links to and content from third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Petite French Box. Petite French Box does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from the Site, you do so at your own risk, and you understand that this Terms and Conditions and Privacy Policy do not apply to your use of such sites. You expressly relieve Petite French Box from any and all liability arising from your use of any third-party website, service, or content.

9        COPYRIGHT INFRINGEMENT; NOTICE AND TAKE DOWN PROCEDURES

We respect the intellectual property of others and we expect our users of our Site and Services to do the same.  In connection with our Site and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site and Services who are repeat infringers of intellectual property rights, including copyrights, in compliance with the Digital Millennium Copyright Act of 1998 (“DMCA”).  

If you believe that one of our users is, through the use of our Site and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, please complete the following DMCA Notice and deliver it to our designated Copyright Agent:

  1. your physical or electronic signature;

  2. identification of the copyrighted work(s) that you claim to have been infringed;

  3. identification of the material on our services that you claim is infringing and that you request us to remove;

  4. sufficient information to permit us to locate such material;

  5. your address, telephone number, and e-mail address;

  6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and

  7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

 Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

The designated Copyright Agent for Petite French Box is:

Attn: DMCA Notice

Address: My Petite French Box LLC, 18 Bartol Street, San Francisco, CA 94133

Email: contact@mpfbox.com

10     TERM AND TERMINATION

10.1    Term and Termination. These Terms and Conditions will become effective and binding when you use our Site or Services and until terminated by you or us. We reserve the right to terminate these Terms and Conditions, your Account, and your access to the Site and Services at any time without notice and without liability to you. You may also delete your Account at any time, for any reason, by following the instructions on the Site.

10.2    Suspension or Termination. We may deny your access to your Account, Site or Services at any time for any reason (such as breach of these Terms and Conditions) or no reason. If we terminate for no reason, we will fulfill our obligations related to any order outstanding at the time of termination or will refund you the Product, if applicable.

11     MISCELLANEOUS MATTERS 

11.1    Force Majeure. We shall not be liable for damages for any delay or nonperformance resulting from a) delays in receipt of final specifications, information, or instructions from you, (b) changes in specifications or instructions, or (c) force majeure, including without limitation, acts of God, strikes, riots, labor disturbances, material shortages, nonperformance by subcontractors or suppliers, abnormal manufacturing conditions or costs, delays or failures of carriers or communications, fire, flood, storms, ice, snow, accident, war, explosion, accidents, epidemics, governmental orders or regulations or inability to secure any necessary governmental or other permits, court orders, or any other reason beyond our reasonable control.

11.2    Governing Law; Venue. These Terms and Conditions, all transaction to which they may apply, and any disputes arising out of Products supplied hereunder shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of law provisions thereof. Any litigation, suit or other proceeding regarding the rights or obligations of the parties hereunder shall be conducted exclusively before the state and federal courts in and for San Francisco County, California, and the parties specifically consent to the venue of San Francisco. The United Nations Convention on Contracts for The International Sale of Goods, the Uniform Law on the Formation of Contracts for the International Sale of Goods, and any international discovery and service of process conventions will be inapplicable.

11.3    Severability. Each of these Terms and Conditions is severable from the others, and Petite French Box’s rights and remedies herein are cumulative and in addition to those available at law or in equity. In the event that any portion of these Terms and Conditions is determined in any suit or proceeding to be invalid or unenforceable, such determination shall not affect the remaining Terms and Conditions, all of which shall remain valid and enforceable.

11.4    Waiver. A waiver of any condition or default is not a waiver of any subsequent default.

11.5    Notices. All notices and communications to be given under these Terms and Conditions shall be in writing and (i) if to Seller, delivered personally or sent by pre-paid, first class certified or registered mail, return receipt requested or by overnight courier, to My Petite French Box LLC, 18 Bartol Street, San Francisco, CA 94133, Attn: Legal Notices; or (ii) if to you, by email.

11.6    International Use. We control and operate the Site from the United States. We make no representation that the Site is appropriate for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

11.7    Assignment. You may not assign or otherwise transfer any rights hereunder without our prior consent, and any such attempt is void. These Terms and Conditions are binding upon and for the benefit of the respective successors and assigns of the parties hereto.

11.8    Entire Agreement. These Terms and Conditions constitute the entire agreement between us and you as it relates to the sale of any Products or Services and expressly supersede and replace any prior or contemporaneous agreements, whether written or oral, relating to the governing order acknowledgement, including any terms and conditions on any of other documents or purchase orders and any prior offers by trade show representatives and demonstrators. This agreement shall be binding upon the parties and their respective successors and assigns. If any provision of this agreement is held to be invalid or unenforceable, that provision shall be severed from the agreement and the remainder of the agreement shall remain in full force and effect.

Last Updated on October 11, 2017.