Terms of service
OVERVIEW
Welcome to Head Up! The terms “we,” “our,” and “us” refer to Head Up. Head Up operates this store and website, including all information, content, features, tools, products, and related services, to provide you, as a customer, with a personalized shopping experience (hereinafter the “Services”). Head Up is a Shopify-powered store, which allows us to provide the Services.
The Terms of Use below, along with all related policies (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they contain important information regarding your legal rights and cover areas such as disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you give us your consent to allow any minor dependent under your care to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online stores, or purchasing 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 details. 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 provide such information.
You are solely responsible for maintaining the security of your account credentials and all activities under your account. You are not authorized to transfer, sell, assign, or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or appearances of products may differ from how they appear on your screen due to the type of device you use to access the store, as well as your device settings and configuration.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or match the description or rendering in our online stores.
All product descriptions are subject to change at any time and without notice, at our sole discretion. We reserve the right to remove any product at any time and may limit quantities of any product offered 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. Head Up reserves the right to accept or reject your order for any reason at its discretion. Your order is not accepted until Head Up confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as Head Up may not be able to accommodate cancellation requests after an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time of order.
Your purchases may only be returned or exchanged in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for personal or household use only and not for commercial resale or export.
SECTION 4 – PRICES 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 indicated in your order confirmation email. Unless otherwise noted, displayed prices do not include taxes, shipping and handling fees, customs, or import duties.
Prices displayed in our online stores may differ from prices offered in physical stores or other online stores operated by third parties. From time to time, we may offer promotions on the Services that may affect pricing and which are governed by separate terms of use from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you if necessary.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use this credit card for the purchase, (iii) charges incurred by you will be honored by your credit card issuer, and (iv) you will pay all charges at the posted prices, including shipping and handling fees and any applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All shipping times are estimates and are not guaranteed. We are not responsible for delays caused by freight carriers, customs processing, or events beyond our control. Once we transfer the products to the carrier, ownership and risk of loss are transferred to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including, but not limited to, all trademarks, trade names, text, displays, images, graphics, product reviews, videos, and audio, as well as the design, selection, and arrangement thereof, are the property of Head Up, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms only authorize you to use the Services for personal and non-commercial purposes. You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, upload, store, or transmit the material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or should be construed as granting any license or other rights to you under any patent, trademark, copyright, or other intellectual property of Head Up, Shopify, or any third party. Unauthorized use of the Services may constitute a violation of federal and national intellectual property laws. All rights not expressly granted herein are reserved by Head Up.
The names, logos, product and service names, designs, and slogans of Head Up are trademarks of Head Up or its affiliates or licensors. You may not use these trademarks without Head Up’s prior written consent. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may have access to customer tools offered by third parties as part of the Services, which we do not monitor and over which we have no control or influence.
You acknowledge and agree that we provide access to these tools “as is” and “as available” without any warranty, representation, or condition of any kind and without any endorsement. We disclaim any liability arising from your use of third-party optional tools or related thereto.
Any use by you of optional tools offered on the site is entirely at your own risk and discretion, and you must ensure that you understand and accept the terms under which such tools are provided by the relevant third-party providers.
We may also, in the future, offer new features through the Services (including the release of new tools and resources). These new features will also be considered part of the Services and will be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain documents and hyperlinks to websites provided or operated by third parties (including any embedded third-party features). We are not responsible for reviewing or evaluating the content or accuracy of third-party documents or websites you choose to access. If you decide to leave the Services to access such documents or third-party websites, you do so at your own risk.
We are not responsible for any damages or losses related to your access to third-party websites, or your purchase or use of products, services, resources, or content on third-party websites. Please carefully review third-party policies and practices and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services must be addressed to the relevant third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
[MERCHANT NOTE: This section precisely describes the relationship between Shopify and your store and must not be deleted or modified.]
Head Up is powered by Shopify, which enables us to provide the Services. However, the sales and purchases you make in our Store are conducted directly with Head Up. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Head Up, including any harm, loss, or damage resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from your purchases and transactions with Head Up or related thereto.
SECTION 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 to provide and improve the Services. Information you submit to the Services will be transmitted 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 services to you. See our Privacy Policy [LINK] for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, packages, or other content (collectively “Feedback”), you grant us a perpetual, worldwide, sublicensable, and royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback on any media for any purpose, including commercial purposes. For example, we may use the rights granted under this license to operate, provide, evaluate, enhance, improve, and promote the Services, as well as to fulfill our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentive received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We have no obligation to (1) maintain the confidentiality of your Feedback; (2) provide compensation for your Feedback; or (3) respond to your Feedback.
We may, but are not required to, review, modify, or remove Feedback that we, at our sole discretion, deem illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates the intellectual property of a party or these Terms of Service.
You agree that your Feedback does not violate any third-party rights, including copyright, trademark, privacy, personality, or any other personal or property rights. You also agree that your Feedback will not contain defamatory or otherwise illegal, abusive, or obscene content, nor computer viruses or other harmful software 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 mislead us or others regarding the origin of a Feedback. You are solely responsible for any Feedback you submit and its accuracy. We assume no responsibility for any Feedback posted by you or any third party.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Information on or within the Services may occasionally contain typographical errors, inaccuracies, or omissions regarding product descriptions, pricing, promotions, offers, shipping charges, delivery times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to modify or update information or cancel orders if information is inaccurate, at any time and without prior notice (including after you have submitted your order).
SECTION 13 – PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for illegal or malicious purposes; (b) to violate any international, federal, provincial, or national law, regulation, rule, or local ordinance; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or injure any of our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) to transmit or facilitate the sending of any advertising or promotional material, including any “junk mail,” “chain letters,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that, in our judgment, may harm Head Up, Shopify, or the users of the Services, or expose them to liability.
Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in a manner that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any part of the Services; (c) collect or track the personal information of others; (d) send spam, phishing, pharming, pretexting, robots, harvesting, or scraping; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we believe you have violated any part of these Terms.
SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion, at any time and without notice, and you will remain liable for all amounts owed up to and including the date of termination.
The following sections will continue to apply after 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 15 – DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available for general informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim any liability arising from the reliance by you or any other visitor of the Services, or any other person informed of its contents, on such content.
EXCEPT AS EXPRESSLY PROVIDED BY Head Up, THE SERVICES AND ANY PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE 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 WARRANTIES OR OTHER TERMS, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 – LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Head Up, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY OTHER SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERROR OR OMISSION IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR MADE AVAILABLE THROUGH THE SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Head Up, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your violation of these Terms of Service or any documents incorporated 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 indemnifiable claim, provided that failure to provide prompt notice will not release you from your obligations, unless you suffer material prejudice. We may control the defense and settlement of such claim at your expense, including the choice of counsel, but we will not settle a claim that requires non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 18 – SEVERABILITY
If any provision of these Terms of Service is held to be illegal, void, or unenforceable, such provision shall remain enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, without affecting the validity and enforceability of the remaining provisions.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any operating policies or rules posted by us on this site or relating to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, all prior versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the party that drafted them.
SECTION 20 – 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, and any attempt to do so will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.
SECTION 21 – 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 federal and state or territorial courts in the jurisdiction where Head Up is headquartered. You and Head Up consent to the venue and personal jurisdiction of these courts.
SECTION 22 – HEADINGS
The headings used in this agreement are for convenience only and do not limit or affect these Terms.
SECTION 23 – CHANGES TO THE TERMS OF SERVICE
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 Service by posting updates and changes on our website. It is your responsibility to check our website periodically to view 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. Continuing to use or access the Services after any changes to these Terms constitutes acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
Questions regarding the Terms of Service should be sent to us at contact.headup.fr@gmail.com.
Our contact information is listed below:
Marie Bousquet
contact.headup.fr@gmail.com
17 Avenue Albert II, 98000 Monaco
0643830337
21S08920
FR04000158948