General conditions of sale
Legal Notices
In accordance with Articles 6-III and 19 of Law No. 2004-575 of June 21, 2004 on Confidence in the Digital Economy (LCEN), the following information is brought to the attention of users and visitors of the website the-pest-repeller.com, hereinafter referred to as "the Site".
Use of the Site implies unreserved acceptance of these legal notices by any user, hereinafter referred to as "the User". These notices are accessible at any time on the Site under the heading "Legal Notices".
Site Editor
The editing and management of the content of the Site are ensured by:
RankForge LLC
1209 Mountain Road PL NE STE N
Albuquerque, New Mexico 87110
UNITED STATES
EIN: 99-3123273
(hereinafter referred to as “the Publisher”).
Site Host
The Site is hosted by:
Shopify Inc.
Canadian company registered under numbers TSX and NYSE
Registration number: 426160-7
Address: 151 O'Connor Street, Ground Floor
Ottawa, Ontario K2P 2L8, Canada
Access to the Site
Access to the Site is available 24 hours a day, 7 days a week, except in cases of force majeure or planned or unforeseen maintenance. In the event of modification, interruption or suspension of services, the Publisher cannot be held responsible for the consequences that may result for the User.
Collection of Personal Data
The Site guarantees the User strict respect for privacy and personal data, in accordance with Law No. 78-17 of January 6, 1978 relating to information technology, files and freedoms.
Under this law, the User has rights of access, rectification, deletion and opposition regarding data concerning him. These rights can be exercised via the contact form made available on the Site.
Any reproduction, distribution, modification or unauthorized use, even partial, of the content of the Site, without the prior agreement of the Publisher, is strictly prohibited and may result in legal action.
Services Overview
This website, operated by The Pest Repeller, provides the User with various services, information and tools. The terms "we", "us" and "our" refer to The Pest Repeller. Use of the Site and its services implies acceptance of the general conditions, policies and notices mentioned therein.
By visiting our site or purchasing a product through our platform, you agree to be bound by the general conditions of sale and use, hereinafter referred to as "Conditions". These Conditions apply to all users of the Site, including, but not limited to, visitors, suppliers, customers, merchants, and contributors of content.
We encourage you to read these Terms carefully before using our website. If you do not agree to all of the terms, you may not be able to access the Website or use any services. Any new features or tools that we add to our store shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace them by posting changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of the website following the posting of any changes constitutes acceptance of those changes.
ARTICLE 1 – Conditions of Use of the Online Store
By accepting these Terms, you represent that you are an adult in your jurisdiction and authorize us to allow any minor in your care to use this site.
You agree not to use our products for any illegal or unauthorized purpose or to violate any laws in your jurisdiction, including copyright laws.
Any attempt to transmit viruses or other malicious code is strictly prohibited.
Any violation of these Terms will result in an immediate termination of your Services.
ARTICLE 2 – General Conditions
We reserve the right to refuse service to anyone, for any reason, at any time.
You understand that your data (not including credit card information), may be transferred unencrypted and may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of, or access to it, without our express written permission.
The section titles in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.
ARTICLE 3 – Accuracy, Completeness and Timeliness of Information
We assume no responsibility if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Your reliance on such information is at your own risk.
This site may contain historical data. Historical information, by its nature, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
ARTICLE 4 – Modifications to the Service and Prices
The prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part thereof) at any time without notice.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
ARTICLE 5 – Products or Services (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to our Return Policy in case of return or exchange.
We have made every effort to accurately display the colors and images of our products on the online store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ARTICLE 6 – Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address and/or telephone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by resellers, distributors or dealers.
You agree to provide current, complete and accurate purchase and account information for all transactions made at our site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please see our Return Policy.
ARTICLE 7 – Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
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. We shall have no liability whatsoever arising from or relating 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. You should familiarize yourself with and accept the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new services and/or features shall also be subject to these Terms of Use.
ARTICLE 8 – LINKS TO THIRD-PARTY SITES
Certain sections of our Service may include content, products or services offered by third parties. Links to third-party sites accessible from our Site may direct you to websites that are not affiliated with us. We have no obligation to examine, evaluate or guarantee the accuracy of any information on third-party sites, and we do not assume any liability or responsibility for their content, products, services or other materials.
We will not be liable for any harm or loss related to the purchase or use of goods, services, resources, content, or any other transactions made on any third-party websites. Before engaging in any transaction, we encourage you to carefully review the third-party's policies and terms to understand their practices. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
ARTICLE 9 – COMMENTS, OPINIONS AND OTHER SUBMISSIONS
If, at our request, you submit certain specific submissions (such as contest entries) or send us creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use such submissions in any medium. We are under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We reserve the right, but have no obligation, to remove any content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or inappropriate or violates any party's intellectual property or these Terms of Use.
You warrant that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or intellectual property right. You further warrant that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ARTICLE 10 – PERSONAL INFORMATION
The protection and management of your personal information transmitted through our store is governed by our Privacy Policy. For more information, please consult our Privacy Policy .
ARTICLE 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified or applied update date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
ARTICLE 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its Content to:
(a) illegal purposes; (b) solicit others to perform or participate in any illegal acts; (c) violate any international, federal, provincial or state regulations, or local ordinances; (d) violate our intellectual property rights or the intellectual property rights of others; (e) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) submit false or misleading information;
(g) upload or transmit viruses or any other type of malicious code that may be used in any way to affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) collect or track the personal information of others; (i) to spam, phish, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
ARTICLE 13 – EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee, warrant or represent that your use of our Service will be uninterrupted, secure, timely or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall The Pest Repeller, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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 any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. that they occur.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
ARTICLE 14 – COMPENSATION
You agree to indemnify, defend and hold harmless The Pest Repeller, its parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
ARTICLE 15 – SEVERABILITY
In the event that 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 to be severed from these Terms of Use and shall not affect the validity and enforceability of any other remaining provisions.
ARTICLE 16 – TERMINATION
The obligations and liabilities incurred by the parties prior to the termination date shall survive the termination of this Agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail or have failed to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination; and/or you may no longer access our Services (or any part thereof).
ARTICLE 17 – ENTIRE AGREEMENT
Any failure by 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 Service and any other policies or operating rules posted by us on this site or in respect to The Service constitutes 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, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
ARTICLE 18 – APPLICABLE LAW
These Terms of Service, as well as any separate agreements whereby we provide you Services, shall be governed by and construed in accordance with the laws of New Mexico, United States.
ARTICLE 19 – MODIFICATIONS TO THE TERMS OF USE
You can review the most current version of the Terms of Use 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 posting updates and/or changes to our website. It is your responsibility to check our website from time to time for changes. Your continued access to our website and use of the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
ARTICLE 20 – MARKETING BY SMS AND NOTIFICATIONS
By providing your phone number at checkout and initiating a purchase, subscribing via a keyword or subscription, you consent to receiving SMS notifications and offers from us. The number of marketing SMS will not exceed 4 per month. You can unsubscribe from SMS at any time by clicking on the unsubscribe link provided in each SMS. For sending SMS, or for the use of automation systems, it is necessary to provide the phone numbers or names of the recipients to our operator. We store and use this data to analyze campaigns, including tracking shipments and, in some cases, whether the purchase has been completed. If you decide to use our link included in text messages, we will collect information about whether the link has been clicked and we will use it to display the results in our analytics. Any other third-party services you decide to use outside the scope of our service will be subject to the specific policies of these third parties, which you will have to accept. When sending SMS messages, data is transmitted to our SMS operator to ensure delivery. This information is only shared with our operator at the time of initiating the marketing campaign. If you no longer wish to receive messages, you must reply to the SMS with the word "STOP" so that we can unsubscribe you.
ARTICLE 21 – CONTACT DETAILS
If you have any questions regarding these Terms of Use, please contact us via our contact form.