Conditions d’utilisation

OVERVIEW
Welcome to Plush & Cloud! The terms "we," "us," and "our" refer to Plush & Cloud. Plush & Cloud operates this store 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"). Plush & Cloud 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 Use" or "Terms"), 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 disclaimers of warranty 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. 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 legal majority in your state or province of residence, and you give us your consent to allow any of 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 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 information, payment, and shipping information. You represent and warrant that any information you provide in our stores 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 for any activity related to your account. You are not authorized to transfer, sell, assign, or license your account to another person.

ARTICLE 2 - OUR PRODUCTS

We have made every effort to accurately display our products and services in our online stores. However, please note that the colors or appearance of products may differ from what appears on your screen depending on the device you use to access the store, as well as its settings and configuration.

Some staged images (mood or context photos) shown on our store may have been generated or edited using artificial intelligence tools, for illustrative purposes. Images showing the product itself, in particular those displayed when selecting the product and at the time of purchase, are actual photographs of the product.

We do not guarantee that the appearance or quality of the products or services you have purchased will meet your expectations or will 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 from sale 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.

ARTICLE 3 - ORDERS
When you place an order, you are making an offer to purchase. Plush & Cloud reserves the right to accept or refuse your order, for any reason, at its discretion. Your order is not considered accepted until confirmed in writing by Plush & Cloud. We must receive and process your payment before your order is finalized. Please review your order carefully before submitting it, as Plush & Cloud may not be able to accept cancellation requests once the order has been confirmed. If your order is refused, modified, or cancelled, we will attempt to contact you using the email address, billing address, and/or phone number provided when the order was placed.

Your purchases are subject to the return or exchange conditions in accordance with our Refund Policy.

You represent and warrant that your purchases are 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 the order is placed and will be shown 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 shown 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, distinct 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 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 is accurate, correct, and complete, (ii) you are authorized to use the card for the purchase, (iii) charges incurred will be honored by your credit card company, and (iv) you will pay the charges incurred at the posted prices, including shipping and handling charges and all applicable taxes.

ARTICLE 5 - SHIPPING AND DELIVERY
We cannot be held responsible for delays in delivery or shipping. All delivery times shown are estimates and are not guaranteed. We disclaim any liability for delays caused by carriers, customs procedures, or any event beyond our control. Once products are handed over to the carrier, title and risk of loss pass to you.

ARTICLE 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 Plush & Cloud, its affiliates, or its licensors. They are protected by U.S. and foreign patent, copyright, and other intellectual property laws.

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

The names, logos, product and service names, designs, and slogans of Plush & Cloud are trademarks of Plush & Cloud, its affiliates, or its licensors. You may not use them without the prior written permission of Plush & Cloud. 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.

ARTICLE 7 - OPTIONAL TOOLS
You may be provided with access to third-party tools as part of the Services, tools which we neither monitor nor have any control or input over.

You acknowledge and agree that we provide access to such tools "as is" and "as available," without any warranties, representations, or conditions of any kind, and without any endorsement on our part. We disclaim any liability arising from or related to your use of optional third-party tools.

Your use of the 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 be deemed part of the Services and 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 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 disclaim any liability for harm or damage related to your access to third-party websites, or your purchase or use of products, services, resources, or content on such sites. We encourage you to carefully review third parties' policies and practices and to make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.

ARTICLE 9 - RELATIONSHIP WITH SHOPIFY
Plush & Cloud is powered by Shopify, which enables us to provide the Services to you. However, any sale or purchase made in our Store is made directly with Plush & Cloud. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Plush & Cloud, including any damage, harm, or loss resulting from products or services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages, and liability arising from or related to your purchase and transaction with Plush & Cloud.

ARTICLE 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may also be subject to Shopify's Privacy Policy, which can be viewed 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 countries other than the one in which you reside, in order to provide the services to you. Please review our privacy policy 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 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. For example, we may 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 the Terms of Use.

You further represent and warrant that: (i) you own or otherwise have all necessary rights in the Feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting 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 any Feedback; (2) pay compensation for any Feedback; (3) respond to any 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 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 any defamatory, unlawful, abusive, or obscene material, or contain any computer virus or other malware that could 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 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 take no responsibility and assume no liability for any Feedback posted by you or any third party.

ARTICLE 12 - ERRORS, INACCURACIES, AND OMISSIONS
The Services may occasionally contain information that includes typographical errors, inaccuracies, or omissions, including with respect 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 and without prior notice (including after you have submitted your order).

ARTICLE 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) in violation of any regulation, rule, or international, federal, provincial, state, or local law; (c) to infringe upon or violate the intellectual property rights of Plush & Cloud, 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, or knowingly receive, download, 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 any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any person or entity; (i) to engage in any behavior that could restrict or inhibit anyone's use or enjoyment of the Services, or which, as determined by us, could harm Plush & Cloud, 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 will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services; (c) harvest or otherwise collect personal information about others; (d) engage in spamming, phishing, pharming, or pretexting through the Services; (e) use any robots, spiders, scraping, data collection or extraction tools, automated devices, AI tools (including agentic AI), or other automated or manual means to access the Services; (f) interfere with, circumvent, or disable any security or authentication 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 (the "Agent Terms") applies if you use, authorize, enable, or cause an Agent to be deployed 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 by or used by a person without their 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. In addition, no Agent may access, use, or interact with the Services if we have asked that Agent to refrain from accessing, using, or interacting with any service.

14.3 We may limit, including through technical measures, whether and how an Agent may access, use, and interact with the Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, indicate that the request comes 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 disguise the fact that access, use, or interactions come from an Agent, including by (a) mimicking human behavior or interaction patterns, or (b) bypassing or completing CAPTCHAs or other measures designed to distinguish computer use from human use; (iii) respond honestly to any question or prompt seeking to determine whether interactions come from a human or a computer; (iv) not circumvent or avoid 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 due 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 that by its nature should survive termination.

ARTICLE 16 - DISCLAIMER OF WARRANTIES
The information provided on or through the Services is made available for 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 any of its contents.

EXCEPT AS EXPRESSLY STATED BY PLUSH & CLOUD, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM 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 LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

ARTICLE 17 - LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [MERCHANT], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, NOR 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, LOSS OF 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 Plush & Cloud, Shopify, and our affiliates, partners, directors, officers, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including reasonable attorneys' fees, made by any third party arising out of (1) your breach of these Terms of Use 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 and 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 relieve you of your obligations, except to the extent you have been materially prejudiced as a result of 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 agreement (which you may not unreasonably withhold). You will cooperate with any reasonable requests in the defense of any claims covered by this indemnity, including providing relevant documents.

ARTICLE 19 - SEVERABILITY
In the event any provision of these Terms of Use is determined to be unlawful, void, or unenforceable, such 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 Use. Such determination shall not affect the validity and enforceability of any other remaining provisions.

ARTICLE 20 - WAIVER; ENTIRE AGREEMENT
The failure of us 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, along with any policies or operating rules posted by us on this site or in respect to 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 the Terms of Use).

Any ambiguities 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 purported 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 and construed in accordance with the federal laws and the laws of the state or territory of the courts having jurisdiction in the jurisdiction where Plush & Cloud is headquartered. You and Plush & Cloud expressly consent to the personal and subject-matter jurisdiction of such courts.

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

ARTICLE 24 - CHANGES TO TERMS OF USE
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 Use by posting updates and changes to 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.

ARTICLE 25 - CONTACT INFORMATION
If you have any questions regarding these Terms of Use, please contact us at: contact@plush-and-cloud.com.

Our contact information is as follows:
Plush & Cloud
contact@plush-and-cloud.com
35 impasse Elsa Triolet, Appartement 2, 97430 Le Tampon.
+33 6 71 58 31 85
92377551400022