Terms of service

OVERVIEW
Welcome to Calmeaa! The terms "we," "us," and "our" refer to Calmeaa. Calmeaa operates this shop and website, including all related information, content, features, tools, products, and services, to provide you, as a customer, with a personalized shopping experience (the "Services"). Calmeaa uses the Shopify platform, which enables us to provide the Services to you.
The terms and conditions below, together with the policies referenced herein (the "Terms of Service" or "ToS"), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights, including disclaimers of warranties 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. If you do not agree to these Terms of Service or the 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 the age of majority in your state or province of residence, and you give us your consent to allow your minor dependents to use the Services on devices you own, purchase, or otherwise manage.
To use the Services, including to access or browse our online shops 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 information, and payment and shipping details. You represent and warrant that all information you provide in our shops is accurate, current, and complete, and that you have the right to provide such information.
You are solely responsible for the security of your account credentials and any activity related to your account. You are not permitted to transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS
We have made every effort to display our products and services accurately in our online shops. Please note, however, that the colors or appearance of products may differ from what appears on your screen depending on the device you use to access the shop, as well as its settings and configuration.
We do not warrant that the appearance or quality of any products or services you purchase will meet your expectations or be identical to what is displayed or rendered in our online shops.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer to any person, geographic region, or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Calmeaa reserves the right to accept or decline your order for any reason, at its discretion. Your order is not deemed accepted until confirmed in writing by Calmeaa. We must receive and process your payment before your order is confirmed. Please review your order carefully before submitting it, as Calmeaa may not be able to accommodate cancellation requests once an order has been confirmed. In the event we decline, modify, or cancel your order, we will attempt to contact you using the email address, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to the return or exchange terms set out in our Refund Policy.
You represent and warrant that your purchases are for personal or household use, and not for commercial resale or export.

SECTION 4 - PRICING AND BILLING
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 set out in your order confirmation email. Unless otherwise expressly stated, prices displayed do not include taxes, shipping charges, handling fees, customs duties, or import fees.
Prices displayed in our online shops may differ from those offered in physical stores or on other online platforms operated by third parties. We may from time to time offer promotions on our Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the terms of the promotion will govern.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our shops. 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 as needed.
You represent and warrant that: (i) your credit card information you supply is true, correct, and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay the charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping or delivery delays. All shipping and delivery timelines provided are estimates only and are not guaranteed. We disclaim any liability for delays caused by carriers, customs, or any event outside of our control. Title and risk of loss pass to you upon our delivery of the products to the carrier.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including without limitation all trademarks, trade names, text, displays, images, graphics, product reviews, video, and audio content, and their design, selection, and arrangement, are the exclusive property of Calmeaa, its affiliates, or its licensors. They are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial purposes only. You are not permitted to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on our Services without our prior written consent. Except as expressly set forth herein, nothing in these Terms shall be construed as granting to you a license or any other right to any patent, trademark, copyright, or other intellectual property of Calmeaa, Shopify, or any third party. Any unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by Calmeaa.
Calmeaa's name, logo, product and service names, designs, and slogans are trademarks of Calmeaa, its affiliates, or its licensors. You may not use them without Calmeaa's prior written permission. Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS
You may be provided with access to third-party tools as part of the Services, which we do not monitor and over which we have no control.
You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis, without any warranties, representations, or conditions of any kind, and without any endorsement. We have no liability arising from or related to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be considered part of the Services and subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and links to websites provided or operated by third parties (including embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access such third-party materials or websites, you do so at your own risk.
We have no liability for any harm or damage related to your access to third-party websites, or the purchase or use of any products, services, resources, or content on such websites. We invite you to carefully review the policies and practices of third parties and to make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the relevant third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Calmeaa is powered by Shopify, which enables us to provide the Services to you. However, any sale or purchase made through our Shop is made directly with Calmeaa. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Calmeaa, including any damage, injury, or loss resulting from products or services purchased. You hereby expressly release Shopify and its affiliates from any and all claims, damages, and liability arising from or related to your purchase and transaction with Calmeaa.

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify's Privacy Policy, available 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 them. Information you submit to the Services will be transmitted to and shared with Shopify, as well as with third parties who may be located in different countries than the one you reside in, to provide you the Services. See our privacy policy for more details about 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, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, non-exclusive license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose, including commercial purposes. We may, for example, use our rights under this license to operate, provide, evaluate, improve, and promote the Services and to fulfill our obligations and exercise our rights under these Terms of Service.
You further represent and warrant that: (i) you own or otherwise have all necessary rights to your Feedback; (ii) you have disclosed any compensation or incentive received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms. We are not and will not be under any obligation to (1) keep any Feedback confidential; (2) pay compensation for any Feedback; or (3) respond to any Feedback.
We may, but have no obligation to, monitor, edit, or remove any Feedback that we, in our sole discretion, consider unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates any party's intellectual property rights or these Terms of Service.
You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory, unlawful, abusive, or obscene material, or contain any computer virus or other malware that could affect the operation of the Services or any related website. You may not use a false email address, impersonate any person or entity, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We have no liability and will not be held responsible for any Feedback posted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS
The Services may occasionally contain information that includes typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, or product availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES
You may only access and use the Services for lawful purposes. You are strictly prohibited from accessing or using the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, state, or local regulation, rule, or law; (c) to infringe upon the intellectual property rights of Calmeaa, Shopify, or third parties; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any of our employees or any other person; (e) to submit false or misleading information; (f) to upload or transmit, knowingly receive, use, or reuse any content that does not comply with these Terms; (g) to transmit or cause the transmission of any advertising or promotional material, including any "spam," "chain letters," "junk mail," or any other similar solicitation; (h) to impersonate or attempt to impersonate any person or entity; (i) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Calmeaa, Shopify, users of the Services, or expose them to liability.
Additionally, you agree not to: (a) upload or transmit viruses or any other malicious code that could affect the operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or otherwise exploit any portion of the Services; (c) collect or track the personal information of others; (d) engage in spamming, phishing, pharming, or pretexting through the Services; (e) use any robots, spiders, scrapers, data mining tools, automated devices, AI tools (including agentic AI), or any automated or manual means to access the Services; (f) interfere with, circumvent, or disable any security or authorization features, robot exclusion headers, or other measures we use to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any provision of these Terms.

SECTION 14 - AGENTS
14.1 This section (the "Agent Terms") applies if you use, authorize, enable, or otherwise cause the deployment of an Agent to access, use, or interact with the Services. An "Agent" means any software or service that acts autonomously or semi-autonomously on behalf of, or at the direction of, a person or entity, and that may run on a device owned or used by that person without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless it consistently identifies itself and operates in strict compliance with the terms set out in Section 14.4 below. In addition, no Agent may access, use, or interact with the Services if we have requested that Agent refrain from accessing, using, or interacting with any service.
14.3 We may limit, including through technical measures, whether and how an Agent accesses, uses, and interacts with the Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, indicate that the request originates from an Agent and disclose the Agent's name by including the following in the user-agent string: "Agent/[agent name]"; (ii) not conceal or obscure the fact that access, use, or interactions originate from an Agent, including by (a) mimicking human behavior or interaction patterns, or (b) bypassing or completing CAPTCHAs or measures designed to distinguish computer use from human use; (iii) honestly answer any question or prompt intended to determine whether interactions come from a human or a computer; (iv) not circumvent or avoid any measure designed to block, limit, alter, or control the access, use, or interaction of Agents with the Services.

SECTION 15 - TERMINATION
We reserve the right to terminate this agreement or your access to the Services (or any part thereof), at our sole discretion, at any time and without notice. You will remain liable for all amounts due up to and including the date of termination.
The following sections shall survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES
The information on or available through the Services is provided for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you, any other visitor to the Services, or anyone who may be informed of its contents.
UNLESS OTHERWISE EXPRESSLY STATED BY CALMEAA, THE SERVICES AND ALL PRODUCTS PROVIDED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EITHER 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 DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR LIMITATIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CALMEAA, OUR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY CLAIM, LOSS, OR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, REVENUE, SAVINGS, DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING WITHOUT LIMITATION ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Calmeaa, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including reasonable attorneys' fees, made by any third party arising from (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to or use of the Services.
We will notify you of any claim covered by this indemnity, provided that a failure to promptly notify you will not excuse you from your obligations hereunder, except to the extent you are materially prejudiced by such failure. We may assume the defense and control of any claim at your expense, including the choice of legal counsel, but we will not settle any claim involving non-monetary obligations on your part without your consent (which you may not unreasonably withhold). You will cooperate with the defense of any claim covered by this indemnity, including by providing relevant documents.

SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity or enforceability of any other remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service, together with any policies or operating rules posted by us on this site or in respect of the Service, constitute the entire agreement and understanding between you and us, and govern your use of the Service. They supersede any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and us (including, without limitation, any prior versions of these Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 - ASSIGNMENT
You may not assign, transfer, or delegate this agreement or any of your rights or obligations under these Terms without our prior written consent. Any attempted unauthorized assignment shall be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or prior notice.

SECTION 22 - GOVERNING LAW
These Terms of Service, and any separate agreement by which we provide you the Services, shall be governed by and construed in accordance with the applicable federal and state or territorial laws of the courts having jurisdiction where Calmeaa is headquartered. You and Calmeaa expressly consent to the territorial and personal jurisdiction of such courts.

SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and shall not affect or limit the interpretation of these Terms.

SECTION 24 - CHANGES TO THESE 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, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date indicated in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION
For any questions relating to these Terms of Service, please contact us at: calmea.fr@gmail.com.
Our contact information is set out below:
CALMEAA
calmea.fr@gmail.com

6 Rue de la Charmille, 25560 Dompierre-les-Tilleuls, France

SIRET: 10305595000010