Terms & Conditions

These Terms and Conditions (the “Terms”) apply to anyone who accesses or uses the www.tulvii.com website and any other websites owned and/or operated by Tulvii (including any of its subsidiaries or corporate affiliates, collectively “Tulvii,” “we,” “us,” or “our”) and any of their related web pages (collectively, our “Services”). Please take a moment to read these Terms for our Services. By accessing or using the Services, including purchasing any products through the Services, you represent, warrant, understand and agree that you: (1) accept, comply with and be bound by these Terms; (2) you have the right, authority and capacity to comply with these Terms; (3) comply with all applicable laws, statutes and regulations in connection with your access to and use of the Services; and (4) you are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws of your local or other applicable jurisdiction. Certain Services may be subject to additional terms, guidelines or rules, which will be provided in conjunction with the relevant Services and will become part of these Terms when you use those Services.

Tulvii reserves the right to update, change, modify or otherwise alter these Terms at any time. If any material changes are made to these Terms, Tulvii will notify you by posting the revised Terms on the Service or by notifying you through the Service. Any access or use of the Service by you after the changes become effective shall constitute and be deemed your agreement to these Terms. If you do not want to be bound by these Terms, please do not use or access any part of the Service. Tulvii may terminate the Service or any part thereof, any website or webpage within the Service, or any product or service offered through the Service, or your right to access or use the Service or any part thereof, at any time and for any reason, without prior notice. In the event of such termination, you will no longer be authorized to access the Service, and the restrictions imposed on Content (as defined herein) and the disclaimers, indemnities, and limitations of liability set forth in these Terms shall survive termination.

1. Access and Use of the Service

Unless authorized in writing by Tulvii, you may use the Service only for your personal and non-commercial use. You agree to access or use the Service only for lawful purposes permitted by these Terms. (International users should note that they must agree to comply with all applicable local laws regarding privacy, online conduct, and acceptable use and content.) Among other things, you agree not to:

Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame, use, transfer or sell any information, software, products, services or Content (defined below) provided through or obtained from the Service, including without limitation engaging in “screen scraping” or any other similar activity;

Hack the Service or any of its websites, or modify another website to falsely imply that it is associated or affiliated with the Service;

Damage, disable, overload, transmit any worms or viruses or any code of a destructive nature, or interfere with any other party’s use and enjoyment of the Service;

Violate any applicable laws, regulations or rules in your jurisdiction (including, without limitation, trademark and copyright laws); or access or attempt to access any password-protected, secure or non-public areas of the Service without the express permission of Tulvii.

For any portion of the Service that requires a username and/or password, you are responsible for all use of your account (under any username or password) and for ensuring that all use of your account complies in full with these Terms.

If any, you are responsible for maintaining the confidentiality of your username or password.

You may link your account to various webmail, social networking, and other online accounts. You may only link your own accounts. We will access and retrieve your account information from these sites on your behalf (in some cases, using your username and password) in order to provide you with certain information or services through the Services. By linking your other accounts, you expressly authorize us to access your account information from these third-party accounts as your agent and to allow us to access, use, and (in some cases) store your account information for the purposes described above.

2. Intellectual Property

The Site and all Content (defined below), features and functionality (including, without limitation, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) that is part of or appears on the Services are the property of Tulvii and/or third parties (as may be indicated by links to or from external sources or otherwise). Content is provided through the Service “as is,” and you agree that use of and reliance on any Content is at your own risk, and that in no event will Tulvii be liable for any Content or for any loss or damage arising from your use of any Content made available through the Service.

The entire Service and all Content thereon are protected by copyright, trade dress, and trademark laws, as well as international treaties, conventions, and the laws of other countries, as applicable. You may not use, copy, reproduce, modify, publish, transmit, distribute, perform, display, download, license, enter into a database, create derivative works from, reverse engineer, frame, transfer, or sell any Content obtained from, through, or on the Service, in whole or in part, except as expressly permitted by Tulvii. Any use of Content except as expressly provided in these Terms is strictly prohibited.

3. Content

All information, text, graphics, images, photographs, logos, illustrations, instructions, data, designs, icons, video clips, audio clips, sounds, files, trademarks, copyrighted materials, trade dress, interfaces, software, specifications, catalogs, literature, advertisements, titles, names, User Generated Content (defined below), and any other materials available on the Service are owned by Tulvii and/or third parties and are collectively referred to as the “Content”. The Content may contain omissions, errors, or may be out of date. Tulvii reserves the right to change, delete, update, modify or otherwise alter the Content at any time at its sole discretion without providing you with notice. The Content is for informational purposes only and is not binding on Tulvii  in any way unless expressly stated to be so.

We do not control, approve, sponsor or endorse any third-party content, products or services and make no representations regarding and are not responsible for the accuracy, completeness, timeliness, reliability or availability of any third-party content, products or services. Any third-party content, products or services posted on, transmitted through or linked to the Service are the sole responsibility of the third-party creator of such content. Links to any third-party content are provided for your convenience only. If you choose to access any third-party content, you do so at your own risk. You acknowledge and agree that Tulvii is not responsible for any loss or damage arising from your access to third-party websites, dealings with any third-party websites, their operators, or any third-party content, products, or services.

If you have any concerns about the availability of third-party content and/or hyperlinks on the Services, which are not controlled by Tulvii, please direct them to the third party that controls such content or hyperlinks. If you believe that a hyperlink we have provided points to a third-party website that contains infringing or unlawful content, products, or services, please notify us at the address below so that we can evaluate, in our sole discretion, whether to disable the hyperlink from the Services.

Limited License; Limitation to Personal, Commercial and Non-Commercial Use of Content and Services

You are hereby granted a non-exclusive, limited and revocable license to view the Content on the Services, but only while accessing the Services. You agree that you are authorized to access, view and retain a copy of any website or webpage on the Services only for your reference, non-commercial and personal use. Furthermore, you understand and agree that you are strictly prohibited from copying, downloading, publishing, republishing, adapting, modifying, displaying, transmitting or otherwise distributing the Content and/or Services for any commercial purpose (whether for profit or not), or for any other purpose other than as expressly permitted by these Terms.

You further agree not to deep link to the Services or any website or webpage for any purpose unless specifically authorized by Tulvii. The use of any of Tulvii’s trademarks as metatags on other networks is strictly prohibited.

4. Unauthorized Use of the Site

You may not use any automatic or manual action, device, process, software, program, algorithm, methodology or routine, including without limitation “robots,” “spiders,” or other similar processes or functionality, to interfere (or attempt to interfere), damage, disable, or create an unreasonable burden or load on the operation of the Services, or transmit any worms or viruses or any code of a destructive nature to the Services.

You agree that you will not use the Services for any unlawful, obscene, abusive, offensive, harassing, inappropriate or objectionable purpose, to sell or offer for sale any goods or services, to conduct or forward surveys, contests or chain letters, or for any purpose prohibited by these Terms. Unlawful and/or unauthorized use of the Services, including without limitation unauthorized framing or linking to the Services or unauthorized use of any robot, spider, or other automated device on the Services, will be investigated and subject to appropriate legal action, including without limitation civil, criminal, and injunctive redress.

5. Linking to the Services

If Tulvii authorizes you to deep link your website or services provided by your website to the Services, then subject to anything to the contrary, you understand and agree that: (1) Tulvii has no obligation to continue to provide or make the Services available; (2) all conditions, disclaimers, and restrictions on use set forth in these Terms remain in full force and effect; (3) all intellectual property rights, including all proprietary rights, relating to Tulvii and its technology and content remain the exclusive property of Tulvii; (4) you will be solely responsible for the data and content you post on your website; and (5) Tulvii may terminate your access to the Services at any time at its sole discretion.

Tulvii reserves the right (but has no obligation) to remove any Link Source if such Link Source contains or features any unacceptable content, as determined by Tulvii in its sole discretion, including, but not limited to: (i) offensive, harmful and/or abusive language, including, but not limited to, cursing, profanity, obscenity, harassment, vulgarity, sexually explicit language and hate speech; (ii) references to illegal activity, malfeasance, intentional overcharging or false advertising; (iii) personal attacks or descriptions of physical altercations and/or sexual harassment; (iv) language that violates standards of good taste or the Service’s standards; (v) illegal content, or content that violates any federal, state or local law or regulation, or the rights of any other person or entity; (vi) language that is intended to impersonate another user or is offensive or uses inappropriate usernames; or (vii) encrypts or contains viruses, Trojan horses, worms, time bombs, robots or other computer programming routines that are designed to damage, interfere with, intercept or expropriate any system, data or service.

6. Terms of Sale; Risk of Loss

By placing an order with Tulvii, you (i) represent that you are willing to purchase the products, (ii) represent that you are of legal age to form a binding contract, and (iii) represent that all information you provide to us in connection with the order is true and accurate and that you are an authorized user of the payment method provided. Your receipt of an order confirmation does not constitute Tulvii’s acceptance of the order. We reserve the right to reject any request you make.

Verification of information may be required before Tulvii accepts an order. After receipt of your order, Tulvii reserves the right at any time to accept or reject your order or any portion thereof for any reason, even if you have received an order confirmation from Tulvii. Tulvii reserves the right to limit the quantity of items ordered and to refuse service to you without notice. If an item is listed at an incorrect price (whether due to typographical error or other error), Tulvii shall have the right to refuse or cancel any order placed at the incorrect price, whether or not such order is being processed or has been processed. If payment has already been made or your account is charged for the purchase and the order is cancelled, Tulvii will credit your account in the amount of the incorrect price.

All features, specifications, products, product and service prices, discounts, promotions and offers described in our Services are subject to change at any time, and we reserve the right to change them without prior notice to you. We reserve the right to limit the order quantity of any product and/or refuse service to any customer without prior notice. We have made every effort to display the product colors that appear on the Site as accurately as possible; however, the actual colors you see will depend on many factors, including your computer, and we cannot guarantee that your computer will accurately display our colors. Products are subject to availability. All advertised prices and products are subject to change. All prices displayed on the Services are quoted in U.S. dollars.

Please refer to our Customer Service webpage and all related webpages for additional terms of sale, including information on shipping, delivery and tracking, ordering and payment processes, returns, refunds and exchanges, pricing, gift cards, product availability, no resale policy and other useful information. Tulvii reserves the right to limit deliveries to domestic or foreign addresses. Tulvii will add shipping and handling charges and applicable sales/use taxes as required.

The risk of loss and title for products you purchase pass to you when we deliver the products to the carrier.

7. Excess Returns

Tulvii monitors returns to detect potential abuse or misuse of our return policies. We flag customers who meet our criteria for excessive returns. Flagged customers may be subject to our review and may have our standard customer return policy revoked. We reserve the right to refuse service to anyone.

8. Reports

If you find objectionable content or have any questions about these Terms, please contact Tulvii via email.

9. Offline Conduct

Although Tulvii cannot monitor the conduct of users of the Service, it is a violation of these Terms to use any information obtained from our Services to harass, abuse, or harm others, or to contact, advertise to, solicit, or sell products to any user without the user’s prior express consent.

10. Violations of these Terms

You agree that monetary damages may not provide Tulvii with a sufficient remedy for violations of these Terms, and you consent to injunctive or other equitable relief for such violations.

Disclaimer and Limitation of Liability

A. Disclaimer. Tulvii assumes no responsibility or liability for (a) any errors, mistakes, or inaccuracies of content, products, information, services, and materials described on or available through the service; (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the service, products, or any third party websites or products; (c) unauthorized access to or use of secure servers and/or any and all personal information stored therein; (d) any interruption or cessation of transmission to or from the service or third party websites; (e) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the service or any third party website by Tulvii or any third party, and/or (f) any errors or omissions in the service or any content, information and materials (including, but not limited to, third party websites), or for any loss or damage of any kind incurred as a result of the use of any of the foregoing.

You expressly understand and agree that your use of and reliance on any and all services, products, services and/or content is at your sole risk and is provided on an “as is” And “ all products sold by Tulvii are subject to any applicable warranties and representations of their respective manufacturers. Accordingly, Tulvii makes no representations or warranties regarding any products sold, except as otherwise expressly stated herein. Tulvii makes no warranties or representations regarding the accuracy or completeness of the services, products, content, the content of any third-party websites linked to or from the site, reviews, information, or any other items or materials on or linked from the services.

Some states or jurisdictions do not allow the limitation or exclusion of certain warranties, or the exclusion or limitation of certain damages. If you live in one of these states or jurisdictions, the above limitations or exclusions may not apply to you.

B. Limitation of Liability. In no event shall Tulvii be liable to you or any third party for any indirect, consequential, incidental, special or punitive damages, including, without limitation, damages for loss of use, data or profits, arising out of or in connection with the services, contributions, materials, content, comments, products, services, software or the provision of or failure to provide services available or obtained through the services or any third party websites, or otherwise arising out of the use of the services, whether based on contract, tort, negligence, strict liability or otherwise, even if Tulvii has been advised of the possibility of damages. Notwithstanding anything to the contrary in these Terms, Tulvii aggregate liability to you for any loss or damage incurred by you arising out of or in connection with these Terms or your use of the services or purchase of any products or services, whether in contract, tort, breach of statutory duty or otherwise, shall not exceed $50.

C. Any products, services, commentary and content provided or obtained through the use of the services and all other use of the services are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data resulting therefrom.

D. If you are dissatisfied with any portion of the services or with any of the terms, your sole and exclusive remedy is to discontinue using the services.

11. Indemnification

You agree to indemnify, defend and hold harmless Tulvii, its third-party suppliers, manufacturers, agents, distributors, corporate affiliates, officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees) (a) made by any third party due to or arising out of any Content you submit, post or otherwise make available to the Service, Tulvii and/or its third-party licensors, licensees or advertisers, and/or (b) due to or arising out of your breach of any provision of these Terms, any warranty you provide herein, or any other claim arising in any way out of your use of the Service or purchase of products or services therefrom. Tulvii reserves the right to assume exclusive control and defense of any such claim, unless otherwise indemnified by you, in which event you will fully cooperate with Tulvii in asserting any available defenses.

12. Modification/Termination of the Service

If the Service is terminated, you will still be subject to your obligations under these Terms and any Additional Terms, including the warranties you make and the disclaimers and limitations of liability set forth herein. Tulvii will not be liable to you or any third party for any termination of your access to the Service or any part thereof.

13. General Legal Provisions

These Terms, including all rights and obligations hereunder, shall be governed by and construed in accordance with French law, without regard to its conflict of law provisions, as if this Agreement were a fully executed and performed contract in France.  

You irrevocably consent to the exclusive jurisdiction of the Commercial Court of Paris (Tribunal de Commerce de Paris) for all disputes arising from or relating to your use of the Service.  

Access to the Service is prohibited in any jurisdiction that does not give effect to all provisions of these Terms. In any legal action to enforce this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs.  

If any provision of these Terms is invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, the remaining provisions will continue in full force and effect and the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. Tulvii’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms will prejudice Tulvii’s right to comply with law enforcement requests or requirements.

All rights not expressly granted herein are hereby reserved. These Terms are the complete and final agreement for your access to the Services. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.