Terms of service

OVERVIEW

Welcome to MGC3D! The terms “we,” “us,” and “our” refer to MGC3D. MGC3D 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”). MGC3D is a store powered by Shopify, which enables us to provide the Services to you.

The following Terms of Service, together with any related policies (the “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they contain important information about 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 by 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 agreeing to 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 permission to allow any minor dependants under your responsibility to use the Services on devices that 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 required to provide certain information, such as your email address and billing, payment, and shipping information.

You represent and warrant that all information you provide through our stores is accurate, current, and complete, and that you have all necessary rights to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activity carried out through your account. You may not transfer, sell, assign, or license your account to another 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 product colors or appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or be identical to the descriptions or representations displayed in our online stores.

All product descriptions may be changed at any time without notice, at our sole discretion. We reserve the right to remove any product at any time and may limit the quantities of any product offered to any person, geographical region, or jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. MGC3D reserves the right to accept or reject your order for any reason, at its discretion.

Your order is not accepted until MGC3D has confirmed its acceptance. We must receive and process your payment before your order can be accepted.

Please review your order carefully before submitting it, as MGC3D 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 using the email address, billing address, and/or telephone number provided at the time the order was placed.

Your purchases may only be returned or exchanged in accordance with 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.

SECTION 4 – PRICES AND BILLING

Prices, discounts, and promotions may be changed 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 stated in your order confirmation email.

Unless otherwise stated, displayed prices do not include taxes, shipping and handling charges, customs duties, or import charges.

Prices displayed in our online stores may differ from prices offered in physical stores or in online stores or other sales channels operated by third parties.

From time to time, we may offer promotions relating to the Services that may affect pricing and that are governed by separate terms and conditions. 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 through 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 when necessary.

You represent and warrant that:

  1. the credit card information you provide is true, accurate, and complete;

  2. you are duly authorized to use that credit card for the purchase;

  3. the charges incurred by you will be honored by your credit card provider; and

  4. you will pay the amounts charged at the displayed prices, including shipping and handling charges and any applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY

We are not responsible for shipping or 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 of the products and the risk of loss are transferred to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all registered trademarks, trademarks, text, displays, images, graphics, product reviews, videos, audio, and the design, selection, and arrangement of these materials, are owned by MGC3D, its affiliates, or its licensors and are protected by United States and foreign patent, copyright, and other intellectual property laws.

These Terms authorize you to use the Services solely for personal and non-commercial purposes.

You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written permission.

Except as expressly provided in these Terms, nothing in these Terms grants, or should be interpreted as granting, you any license or other rights under any patent, trademark, copyright, or other intellectual property belonging to MGC3D, Shopify, or any third party.

Unauthorized use of the Services may violate federal and national intellectual property laws. All rights not expressly granted in these Terms are reserved by MGC3D.

The MGC3D name, logos, product and service names, designs, and slogans are trademarks of MGC3D or its affiliates or licensors. You must not use these trademarks without the prior written permission of MGC3D.

The Shopify 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 through the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be given access to customer tools offered by third parties as part of the Services. We do not monitor these tools and have no control or influence over them.

You acknowledge and agree that we provide access to these tools “as is” and “as available,” without any warranties, representations, or conditions of any kind and without endorsement.

We accept no liability arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the website is entirely at your own risk and discretion. You should ensure that you understand and approve the terms under which these tools are provided by the relevant third-party provider or providers.

We may also offer new features through the Services in the future, 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 materials and hyperlinks to websites provided or operated by third parties, including integrated third-party features.

We are not responsible for examining 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 third-party materials or websites, you do so at your own risk.

We are not responsible for any harm or damage related to your access to third-party websites or your purchase or use of any products, services, resources, or content available through third-party websites.

Please carefully review the policies and practices of third parties and make sure you understand them before entering into any transaction.

Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANT: This section accurately describes the relationship between Shopify and your store and must not be removed or modified.]

MGC3D is powered by Shopify, which enables us to provide the Services to you.

However, any sales and purchases made through our Store are conducted directly with MGC3D.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and MGC3D, including any injury, damage, or loss resulting from the products and services purchased.

You expressly release Shopify and its affiliates from any claims, damages, and liability arising from or relating to your purchases and transactions with MGC3D.

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 relating to your access to and use of the Services in order to provide and improve the Services.

Information that you submit through the Services will be transmitted to and shared with Shopify, as well as with third parties that may be located in countries other than your country of residence, in order to provide the Services.

Please review our Privacy Policy [LINK] for more information 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 referred to as “Feedback,” you grant us a perpetual, worldwide, sublicensable, and fully royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback through any medium and 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, and to fulfill our obligations and exercise our rights under these Terms of Service.

You also represent and warrant that:

  1. you own or have all necessary rights to all Feedback;

  2. you have disclosed any compensation or incentive received in connection with submitting the Feedback; and

  3. your Feedback complies with these Terms.

We have no obligation:

  1. to keep your Feedback confidential;

  2. to pay compensation for your Feedback; or

  3. to respond to your Feedback.

We may, but are not required to, monitor, edit, or remove Feedback that we determine, at our sole discretion, to be unlawful, offensive, threatening, defamatory, 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 third-party rights, including copyright, trademark, privacy, personality, or any other personal or proprietary right.

You also agree that your Feedback will not contain defamatory or otherwise unlawful, abusive, or obscene material, or any computer virus or other malicious software that could affect the operation of the Services or any related website.

You must not use a false email address, impersonate another person, or otherwise mislead us or third parties about the origin of any Feedback.

You are solely responsible for any Feedback you submit and for its accuracy. We accept no responsibility or liability for Feedback posted by you or by any third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

From time to time, information available through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, prices, promotions, offers, product shipping charges, delivery times, and 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.

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:

  1. for any unlawful or malicious purpose;

  2. to violate any international, federal, provincial, national, or local regulation, rule, law, or ordinance;

  3. to infringe or violate our intellectual property rights or the intellectual property rights of others;

  4. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or injure any of our employees or any other person;

  5. to submit false or misleading information;

  6. to knowingly send, receive, upload, download, use, or reuse any material that does not comply with these Terms;

  7. to transmit or arrange the transmission of advertising or promotional materials, including junk mail, chain letters, spam, or any similar solicitation;

  8. to impersonate or attempt to impersonate another person or entity; or

  9. to engage in any other conduct that restricts or prevents anyone from using or enjoying the Services, or that, in our opinion, may harm MGC3D, Shopify, or users of the Services, or expose them to liability.

In addition, you agree not to:

  1. upload or transmit viruses or any other type of malicious code that could affect the functionality or operation of the Services;

  2. reproduce, duplicate, copy, sell, resell, or exploit any part of the Services;

  3. collect or track the personal information of others;

  4. engage in spam, phishing, pharming, pretexting, crawling, scraping, or similar activities; or

  5. interfere with or bypass the security features of the Services, any related website, other websites, or the internet.

We reserve the right to suspend, disable, or terminate your account at any time and without notice if we believe that 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 of them, 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 will continue to apply after 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 through or in connection with the Services is provided solely for general informational purposes.

We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on this information is strictly at your own risk.

We disclaim all liability arising from any reliance placed on these materials by you, any other visitor to the Services, or any person who may be informed of their contents.

UNLESS EXPRESSLY STATED OTHERWISE BY MGC3D, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, WHETHER 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. AS A RESULT, THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MGC3D, 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.

THIS INCLUDES, WITHOUT LIMITATION:

  • LOST PROFITS;

  • LOST REVENUE;

  • LOST 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.

THIS ALSO APPLIES TO ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING ANY ERRORS OR OMISSIONS IN CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR ANY CONTENT OR PRODUCT PUBLISHED, TRANSMITTED, OR OTHERWISE 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 MGC3D, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable legal fees payable to a third party, arising from or relating to:

  1. your breach of these Terms of Service or any documents incorporated into them 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 indemnification. However, failure to provide prompt notice will not release you from your obligations unless you suffer substantial prejudice as a result.

We may control the defense and settlement of such a claim at your expense, including selecting legal counsel.

However, we will not settle a claim that imposes non-financial obligations on you without your consent, which must 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 found to be unlawful, void, or unenforceable, that provision will nevertheless remain enforceable to the fullest extent permitted by applicable law.

The unenforceable part will be considered 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 these Terms of Service does not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted by us on this website or relating to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services.

They replace all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including any previous versions of the Terms of Service.

Any ambiguity in the interpretation of these Terms of Service must not be interpreted 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.

Any attempted delegation, transfer, or assignment without such consent will be null and void.

We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice to you.

SECTION 21 – GOVERNING LAW

These Terms of Service and any separate agreement through which we provide you with Services will be governed by and interpreted in accordance with the federal, state, or territorial courts in the jurisdiction where MGC3D has its registered office.

You and MGC3D agree to the venue and personal jurisdiction of those courts.

SECTION 22 – HEADINGS

The headings used in this agreement are included for convenience only and do not limit or otherwise affect these Terms.

SECTION 23 – CHANGES TO THE TERMS OF SERVICE

You may review the most current version of these 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 publishing updates and changes on our website.

It is your responsibility to check our website regularly to determine whether any changes have been made.

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 after any changes have been published constitutes acceptance of those changes.

SECTION 24 – CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

MGC3D – Xavier Gesset
Email: xgesset@gmail.com
Address: 171 Rue Jules Ferry, 83130 La Garde, France
Telephone: +33 6 79 47 55 51
SIRET business registration number: 908 785 025 00010