Terms of service

OVERVIEW

Welcome to Poisson Funambule! The terms “we,” “our” and “us” refer to Poisson Funambule. Poisson Funambule 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 (the “Services”). Poisson Funambule uses the Shopify platform, which enables us to offer you the Services.

The general terms and conditions below, along with the policies referenced therein (the “Terms of Use” or “TOU”), describe your rights and responsibilities when using the Services.

Please read these Terms of Use carefully, as they contain important information about your legal rights, including warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Use and our Privacy Policy [LINK]. If you do not agree to these Terms of Use or the Privacy Policy, you must not use or access our Services.

ARTICLE 1 – ACCESS AND ACCOUNT

By accepting these Terms of Use, you represent that you have reached the age of majority in your state or province of residence and you give us your consent to allow your minor children 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 accurate, current and complete, and that you have all necessary rights to share that information.

You are solely responsible for the security of your account credentials and for any activity associated with your account. You are not permitted to transfer, sell, assign or sublicense your account to another person.

ARTICLE 2 – OUR PRODUCTS

We have made every effort to accurately represent our products and services in our online stores. Please note, however, that the colors or appearance of products may differ from what is displayed on your screen due to the type of device you use to access the store, as well as its settings and configuration.

We do not guarantee that the appearance or quality of products or services you have purchased will meet your expectations or be identical to what is presented or rendered in our online stores.

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 products we offer to any person, geographic area or jurisdiction, on a case-by-case basis.

ARTICLE 3 – ORDERS

When you place an order, you are making an offer to purchase. Poisson Funambule reserves the right to accept or refuse your order, for any reason, at its discretion. Your order is only considered accepted upon written confirmation from Poisson Funambule. We must receive and process your payment before your order is validated. Please review your order carefully before submitting it, as Poisson Funambule may not be able to accommodate cancellation requests once an order has been confirmed. In the event that your order is refused, modified or cancelled, we will attempt to contact you using the email address, billing address and/or phone number provided at the time of ordering.

Your purchases are subject to the return or exchange conditions set out in our Refund Policy [[LINK]].

You represent and warrant that your purchases are intended for personal or household use, and not for commercial resale or export.

ARTICLE 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 of the order and will be indicated in your order confirmation email. Unless expressly stated otherwise, displayed prices do not include taxes, shipping fees, handling fees, customs duties or import charges.

Prices displayed in our online stores may differ from those offered in our 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 separate terms and conditions from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms 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 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 accurate, correct and complete, (ii) you are authorized to use that card for the purchase, (iii) the charges incurred will be honored by your card-issuing company, and (iv) you will pay the charges incurred at the displayed prices, including shipping and handling fees, as well as all applicable taxes.

ARTICLE 5 – SHIPPING AND DELIVERY

We cannot be held responsible for delivery or shipping delays. All delivery timeframes provided are estimates and are not guaranteed. We disclaim all liability for delays caused by carriers, customs processing or any event beyond our control. Once products have been handed over to the carrier, ownership and risk of loss are transferred to you.

ARTICLE 6 – INTELLECTUAL PROPERTY

Our Services, including without limitation all trademarks, trade names, text, displays, images, graphics, product reviews, videos and audio content, as well as their design, selection and arrangement, are the exclusive property of Poisson Funambule.

These Terms authorize you to use the Services for personal, non-commercial purposes only. You are not permitted to reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material found on the Services without our prior written consent. Unless expressly provided otherwise in these Terms, nothing herein shall be construed as granting you a license or any other right to any patent, trademark, copyright or other intellectual property of Poisson Funambule, Shopify or any third party. Any unauthorized use of the Services may constitute a violation of intellectual property laws. All rights not expressly granted in these Terms are reserved by Poisson Funambule.

Poisson Funambule’s names, logos, product and service names, designs and slogans are trademarks of Poisson Funambule. You may not use them without the prior written authorization of Poisson Funambule. 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 appearing on the Services are the trademarks of their respective owners.

ARTICLE 7 – OPTIONAL TOOLS

You may have access to third-party client tools offered in connection with the Services, which we do not monitor and over which we have no control or ability to contribute.

You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis, without any warranty, representation or condition of any kind, and without any endorsement on our part. We disclaim all liability arising from or related to your use of optional third-party tools.

Your use of any optional tools offered through the site is entirely at your own risk and discretion. It is your responsibility to ensure that you are aware of and agree to the terms applicable to those tools, as defined by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including the availability of new tools and resources). Such new features will be considered an integral part of the Services and will be subject to these Terms of Use.

ARTICLE 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party features). We are not responsible for reviewing or evaluating the content or accuracy of third-party materials or websites that 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 disclaim all liability for any harm or damage related to your access to third-party websites, or to the purchase or use of products, services, resources or content on those sites. We encourage you to carefully review and ensure you understand the policies and practices of third parties before entering into any transaction. Any claims, complaints, concerns or questions regarding third-party products and services should be directed to the relevant third party.

ARTICLE 9 – RELATIONSHIP WITH SHOPIFY

Poisson Funambule is powered by Shopify, which enables us to offer you the Services. However, any sale or purchase made in our Store is conducted directly with Poisson Funambule. By using the Services, you acknowledge and agree that Shopify bears no responsibility for any aspect of the transactions between you and Poisson Funambule, including any damage, harm 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 Poisson Funambule.

ARTICLE 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, available here [LINK], 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.

As 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 through the Services will be transferred to and shared with Shopify, as well as with third parties who may be located in countries other than your country of residence, in order to provide you with the Services. Please refer to our Privacy Policy [LINK] for more details on how we, Shopify and our partners use your personal information.

ARTICLE 11 – FEEDBACK

If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or any 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, exercise our rights under this license to operate, provide, evaluate, improve and promote the Services and to fulfill our obligations and exercise our rights under the Terms of Use.

You also represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentive received in connection with the submission of your Feedback; (iii) your Feedback complies with these Terms. We are not and will not be under any obligation to (1) maintain the confidentiality of your Feedback; (2) pay any compensation for your Feedback; (3) respond to your Feedback.

We may, but are not obligated to, monitor, edit or remove any Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene or otherwise objectionable, or that infringes any party’s intellectual property rights or these Terms of Service.

You agree that your Feedback will not infringe any third-party rights, 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 content, nor any computer virus or malicious software that could affect the functioning 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 your Feedback and its accuracy. We disclaim all liability and shall not be held responsible for any Feedback posted by you or any third party.

ARTICLE 12 – ERRORS, INACCURACIES AND OMISSIONS

The Services may occasionally contain information with typographical errors, inaccuracies or omissions, including with respect to product descriptions, pricing, promotions, offers, shipping fees, transit times or product availability. We reserve the right to correct any errors, inaccuracies or omissions, and to modify or update information or cancel orders where information is inaccurate, at any time and without prior notice (including after your order has been submitted).

ARTICLE 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes. You are strictly prohibited from accessing or using the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) in violation of any international, federal, provincial, state or local regulation, rule or law; (c) in a manner that infringes the intellectual property rights of Poisson Funambule, Shopify or any third party; (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 knowingly send, receive, upload, use or reuse any content that does not comply with these Terms; (g) to transmit or procure the sending of any advertising or promotional material, including “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 may restrict or inhibit anyone’s use or enjoyment of the Services, or that, in our judgment, may harm Poisson Funambule, Shopify, users of the Services or expose them to any liability.

Additionally, you agree not to: (a) upload or transmit viruses or any other malicious code that may affect the functioning or operation of the Services; (b) reproduce, duplicate, copy, scrape, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) engage in spam, phishing, pharming or pretexting through the Services; (e) use robots, spiders, scrapers, data collection or extraction tools, automated devices, AI tools (including agentic AI) or any automated or manual means to access the Services; (f) interfere with, bypass or circumvent any security or authorization features, robot exclusion headers or any other measures we implement to restrict access to the Services. We reserve the right to suspend, disable or terminate your account at any time and without notice if we determine that you have violated any provision of these Terms.

ARTICLE 14 – AGENTS

14.1 This section (“Agent Terms”) applies if you use, authorize, enable or cause the deployment of an Agent to access, use or interact with the Services. An “Agent” means any software or service acting autonomously or semi-autonomously on behalf of or at the direction of a person or entity, which may run on a device owned or used by a person without direct supervision.

14.2 No Agent may access, use or interact with the Services unless it continuously identifies itself and operates in strict compliance with the conditions set out in section 14.4 below. Furthermore, no Agent may access, use or interact with the Services if we have requested that Agent to refrain from accessing, using or interacting with any service.

14.3 We may limit, including through technical means, the ability and manner in which 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) respond honestly to any question or prompt aimed at determining whether interactions originate from a human or a computer; (iv) not circumvent or evade any measure intended to block, limit, modify or control Agents’ access, use or interactions with the Services.

ARTICLE 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 owed up to and including the date of termination.

The following provisions will 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 whose nature requires that it survive termination.

ARTICLE 16 – DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available 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 any person who may be informed of its contents.

EXCEPT AS EXPRESSLY STATED BY POISSON FUNAMBULE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY WARRANTY, REPRESENTATION 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 EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

ARTICLE 17 – LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL POISSON FUNAMBULE, OUR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SERVICE PROVIDERS, SUPPLIERS OR LICENSEES, NOR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY DAMAGE, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOST DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED IN 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.

ARTICLE 18 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Poisson Funambule, Shopify, and our affiliates, partners, officers, directors, employees, agents, service providers, licensors and suppliers 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 Use or the documents incorporated herein by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any claim subject to this indemnity, provided that failure to provide timely notice will not relieve you of your obligations unless you suffer material prejudice as a result. We may assume the defense and settlement 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 in the defense of any claims subject to this indemnity, including by providing relevant documents.

ARTICLE 19 – SEVERABILITY

In the event that any provision of these Terms of Use is found to be unlawful, void or unenforceable, such provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms of Use. Such determination will not affect the validity or enforceability of any other remaining provisions.

ARTICLE 20 – WAIVER; ENTIRE AGREEMENT

The 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 Use, together with any policies or rules of use posted by us on this site or in relation to the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services. 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 the Terms of Use).

Any ambiguity in the interpretation of these Terms of Use shall not be construed against the drafting party.

ARTICLE 21 – ASSIGNMENT

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

ARTICLE 22 – GOVERNING LAW

These Terms of Use, as well as any separate agreement by which we provide you with the Services, shall be governed by and construed in accordance with the federal laws and the laws of the states or territories of the competent courts in the jurisdiction where Poisson Funambule has its registered office. You and Poisson Funambule expressly consent to the territorial and personal jurisdiction of such courts.

ARTICLE 23 – HEADINGS

The headings used in this agreement are included for convenience only and will not affect or limit the interpretation of these Terms.

ARTICLE 24 – CHANGES TO THE TERMS OF USE

You may 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, modify or replace any part of these Terms of Use by posting updates and changes on our website. It is your responsibility to check our website periodically for any 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 specified 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.

ARTICLE 25 – CONTACT INFORMATION

For any questions regarding these Terms of Use, please contact us at: maude@poissonfunambule.com