Terms of service

OVERVIEW

Welcome to Trist'Art's Toys! The terms “we,” “our,” and “us” refer to Trist'Art's Toys. Trist'Art's Toys operates this store and this 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”). Trist'Art's Toys uses the Shopify platform, which enables us to provide you with the Services.

The general terms and conditions below, together with the policies referred to herein (the “Terms of Use” or “TOU”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Use 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 Use and our Privacy Policy, available on the dedicated page of the website. 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 that 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 required to provide certain information, such as your email address, billing information, payment information, 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 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 present our products and services as accurately as possible in our online stores. However, please note that the colors or appearance of the 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 the 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 withdraw any product from sale at any time and may limit the quantities of products we offer to any person, geographic region, or jurisdiction on a case-by-case basis.

Our products are collectible items intended for decorative use. They are not toys and are not suitable for children.

ARTICLE 3 - ORDERS

When you place an order, you are making an offer to purchase. Trist'Art's Toys reserves the right to accept or refuse your order, for any reason whatsoever, at its discretion. Your order is not considered accepted until it has been confirmed in writing by Trist'Art's Toys. We must receive and process your payment before your order can be validated. Please review your order carefully before submitting it, as Trist'Art's Toys may not be able to accept cancellation requests once the order has been confirmed. In the event of refusal, modification, or cancellation of your order, we will attempt to contact you using the email address, billing address, and/or telephone number provided when the order was placed.

Your purchases are subject to the return or exchange conditions set out in our Refund Policy, available on the dedicated page of the website.

You represent and warrant that your purchases are intended for personal or household use only, 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 indicated in the order confirmation email. Unless expressly stated otherwise, displayed prices do not include taxes, shipping charges, handling fees, customs duties, or import fees.

The prices displayed in our online stores may differ from those offered in our physical stores or on other online platforms operated by third parties. From time to time, we may offer promotions on our Services that may affect pricing and that are governed by terms and conditions separate from these Terms. In the event of any conflict between the terms of a promotion and these Terms, the terms of the promotion 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 information, including your email address, your credit card numbers, and their 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 that card for the purchase, (iii) the charges incurred will be honored by your card issuer, and (iv) you will pay the charges incurred at the posted prices, including shipping and handling fees, as well as all applicable taxes.

VAT not applicable, pursuant to Article 293 B of the French Tax Code.

ARTICLE 5 - SHIPPING, DELIVERY AND RETURNS

We cannot be held responsible for shipping or delivery delays. All delivery times indicated are estimates and are not guaranteed. We disclaim all liability for delays caused by carriers, customs formalities, or any event beyond our control. As soon as the products are handed over to the carrier, title and risk of loss are transferred to you.

Estimated processing and delivery times:

Order processing time: 48 to 72 hours
France: 5 to 7 business days
Europe: 5 to 10 business days
International: 2 to 3 weeks

Return Policy:
Requests for returns, exchanges, or commercial resolutions are reviewed on a case-by-case basis. If a product arrives damaged, a solution may be offered after review of the situation and of the materials provided by the customer. However, the return policy does not apply in the event of a simple change of mind, unless an exceptional decision is made at our discretion.

ARTICLE 6 - INTELLECTUAL PROPERTY

Our Services, including, without limitation, all registered trademarks, trademarks, text, displays, images, graphics, product reviews, videos, and audio content, as well as their design, selection, and arrangement, are the exclusive property of Trist'Art's Toys, its affiliates, or its licensors. They are protected by U.S. and foreign patent, copyright, and intellectual property laws.

These Terms authorize you to use the Services solely for personal and non-commercial purposes. You are not authorized 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 provided in these Terms, nothing shall be construed as granting you a license or any other right under any patent, trademark, copyright, or other intellectual property of Trist'Art's Toys, 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 Trist'Art's Toys.

The names, logos, product and service names, designs, and slogans of Trist'Art's Toys are trademarks of Trist'Art's Toys, its affiliates, or its licensors. You may not use them without the prior written permission of Trist'Art's Toys. 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 appearing on the Services are the trademarks of their respective owners.

ARTICLE 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, tools that 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 “as is” and “as available,” without any warranty, representation, or condition of any kind, and without any endorsement from us. We disclaim all 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. It is your responsibility to ensure that you are aware of 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 deemed part of the Services and shall be subject to these Terms of Use.

ARTICLE 8 - THIRD-PARTY LINKS

The Services may contain documents and hyperlinks to websites provided or operated by third parties (including embedded third-party functionalities). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access. If you decide to leave the Services to access such third-party materials or sites, you do so at your own risk.

We disclaim all liability for any harm or damages related to your access to third-party websites, or to the purchase or use of products, services, resources, or content on such websites. We encourage you to carefully review the third parties’ policies and practices and 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

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

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

ARTICLE 10 - PRIVACY POLICY

All personal information that we collect through the Services is subject to our Privacy Policy, available on the dedicated page of the website, 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 regarding 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 who may be located in countries other than the country in which you reside, in order to provide you with the services. Please review our Privacy Policy, available on the dedicated page of the website, 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 any 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 for 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 the Terms of Use.

You further represent and warrant that: (i) you own or otherwise control all of the rights to the Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms. We are and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback.

We may, but have no obligation to, monitor, edit, or remove any Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, 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 right of any third party, including copyright, trademark, data protection, personality rights, or other personal or proprietary rights. You further agree that your Feedback will not contain any defamatory, unlawful, abusive, or obscene material, or 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 for 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, prices, 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).

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 Trist'Art's Toys, Shopify, or any third party; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or otherwise injure any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly 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; or (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 Trist'Art's Toys, Shopify, users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other malicious code that may affect the functionality 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 practices through the Services; (e) use robots, spiders, scraping tools, data mining or extraction tools, automated devices, AI tools (including agentic AI), or any other automated or manual means to access the Services; (f) interfere with, circumvent, or defeat the security or authorization features, robot exclusion headers, or any other measures we use 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 a person or entity, or at that person’s or entity’s direction, and that may operate on a device owned by 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 terms 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, 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 comes from an Agent and disclose the Agent’s name by including the following in the user-agent string: “Agent/[name of agent]”; (ii) not conceal or obscure the fact that access, use, or interactions come from an Agent, including by (a) imitating human behavior or interaction patterns, or (b) circumventing or supplementing CAPTCHAs or other measures designed to distinguish between computer and human use; (iii) answer truthfully any question or prompt intended to determine whether interactions come from a human or a computer; and (iv) not circumvent or avoid any measure intended to block, limit, modify, or control Agents’ access to, use of, 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 articles 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 which by its nature should survive termination.