Terms of service

OVERVIEW
Welcome to DAMON & PYTHIAS! In these terms, “I”, “me” and “my” refer to DAMON & PYTHIAS, that is, me, Héphaestion, founder of the store. I operate this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). DAMON & PYTHIAS is powered by Shopify, which enables me to provide the Services to you.

The terms and conditions below, together with any policies referenced herein (these “Terms of Service”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights, including disclaimers of warranties and limitations of liability.

By visiting, interacting with or using the Services, you agree to be bound by these Terms of Service and my Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access the 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 country of residence, and you allow me to let your minor dependents use the Services on devices you own, purchase or manage.

To use the Services, including to browse my online store or purchase any of the products or services I offer, you may be asked to provide certain information, such as your email address and your billing, payment and shipping details. You represent and warrant that all the information you provide in my store is correct, current and complete, and that you have all the rights necessary to provide it.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign or license your account to any other person.

SECTION 2 – MY PRODUCTS
I do my best to display my products and services accurately in my online store. However, the colours or appearance of products may differ from how they look on your screen, depending on the device you use to access the store and on its settings and configuration.

I do not warrant that the appearance or quality of the products or services you purchase will meet your expectations or be the same as depicted in my online store.

All product descriptions are subject to change at any time without notice, at my sole discretion. I reserve the right to discontinue any product at any time and may limit the quantities of any products I offer to any person, geographic region or country, on a case-by-case basis.

SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. I reserve the right to accept or decline your order for any reason, at my discretion. Your order is not accepted until I confirm acceptance in writing. I must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as I may be unable to accommodate cancellation requests once the order is confirmed. If your order is declined, changed or cancelled, I will attempt to notify you using the email address, billing address and/or phone number provided with the order.

Your purchases are subject to return or exchange solely in accordance with my Refund Policy.

You represent and warrant that your purchases are for your own personal or household use 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 set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

Prices posted in my online store may differ from prices offered on online platforms operated by third parties. I may offer promotions on the Services from time to time; they may affect pricing and are governed by their own terms and conditions, separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in my store, and to promptly update your information, including your email address, card numbers and expiration dates, so that I can complete your transactions and contact you as needed.

You represent and warrant that: (i) your payment card information is true, correct and complete; (ii) you are authorised to use that card for the purchase; (iii) charges incurred by you will be honoured by your card issuer; and (iv) you will pay the charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY
All delivery times are estimates only and are not guaranteed. I cannot be held responsible for delays caused by carriers, customs processing or any other event outside my control. The risk of loss of or damage to the products passes to you when you, or a person you have designated, take physical possession of them.

SECTION 6 – INTELLECTUAL PROPERTY
The Services, including but not limited to all trademarks, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by DAMON & PYTHIAS or its licensors and are protected by French and international intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Services without my prior written consent. Except as expressly provided herein, nothing in these Terms grants you a licence or other right to any patent, trademark, copyright or other intellectual property of DAMON & PYTHIAS, Shopify or any third party. Unauthorised use of the Services may be a violation of intellectual property laws. All rights not expressly granted herein are reserved by DAMON & PYTHIAS.

The DAMON & PYTHIAS names, logos, product and service names, designs and slogans are trademarks of DAMON & PYTHIAS or its licensors. You must not use them without my prior written permission. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which I neither monitor nor have any control over.

You acknowledge and agree that I provide access to such tools “as is” and “as available”, without any warranties, representations or conditions of any kind and without any endorsement. I have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered on the site is entirely at your own risk and discretion, and it is your responsibility to ensure that you are familiar with and approve of the terms on which the tools are provided by the relevant third-party provider(s).

I may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features will be considered part of the Services and are 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 any embedded third-party functionality). I am not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.

I am not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources or content on any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY
DAMON & PYTHIAS is powered by Shopify, which enables me to provide the Services to you. However, any sales and purchases you make in my store are made directly with DAMON & PYTHIAS. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and DAMON & PYTHIAS, including any injury, damage or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with DAMON & PYTHIAS.

SECTION 10 – PRIVACY POLICY
All personal information I collect through the Services is subject to my Privacy Policy, 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 in order to provide and improve them for you. Information you submit to the Services will be transmitted to and shared with Shopify, as well as third parties that may be located in countries other than where you reside, in order to provide the Services to you. Please review my Privacy Policy for more details on how Shopify, my partners and I use your personal information.

SECTION 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 me a perpetual, worldwide, sublicensable, non-exclusive licence to use, reproduce, modify, publish, distribute and display such Feedback for any purpose, including commercial use. For example, I may use this licence to operate, provide, evaluate, enhance, improve and promote the Services, and to perform my obligations and exercise my rights under these Terms of Service.

You also represent and warrant that: (i) you own or have all the necessary rights to your 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. I am and shall be under no obligation (1) to maintain your Feedback in confidence, (2) to pay compensation for your Feedback, or (3) to respond to your Feedback.

I may, but have no obligation to, monitor, edit or remove Feedback that I determine, in my sole discretion, to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your Feedback will not contain libellous 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 Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead me or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and for its accuracy. I take no responsibility and assume no liability for any Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. I 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 for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any applicable national or international law or regulation; (c) to infringe upon or violate the intellectual property rights of DAMON & PYTHIAS, Shopify or any third party; (d) to harass, abuse, insult, harm, defame, slander, disparage or intimidate me or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by me, may harm DAMON & PYTHIAS, Shopify or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl or scrape through the Services; (e) use any robot, spider, crawler, scraper, data mining or extraction tool, automated device, AI tool (including agentic AI) or any other automatic or manual means to access the Services; or (f) interfere with, circumvent or disable any security or authorisation features, robot exclusion headers or other measures I put in place to restrict access to the Services. I reserve the right to suspend, disable or terminate your account at any time, without notice, if I determine that you have violated any part of these Terms.

SECTION 14 – AGENTS
14.1 This section (the “Agent Terms”) applies if you use, authorise, enable or cause to be deployed an Agent to access, use or interact with the Services. An “Agent” means any software or service that acts autonomously or semi-autonomously on behalf of, or at the direction of, a person or entity, and that may run on a device owned or used by a person, without direct supervision.

14.2 No Agent may access, use or interact with the Services unless it permanently identifies itself and operates in strict compliance with the requirements of section 14.4 below. In addition, no Agent may access, use or interact with the Services if I have asked that Agent to refrain from accessing any of my services.

14.3 I may limit, including by technical measures, whether and how an Agent accesses, uses and interacts with the Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, state that the request comes from an Agent and disclose the Agent’s name by including the following in the user-agent string: “Agent/[agent name]”; (ii) not conceal or obscure the fact that access, use or interactions come from an Agent, in particular by (a) imitating human behaviour or interaction patterns, or (b) circumventing or completing CAPTCHAs or other measures designed to distinguish computer use from human use; (iii) answer honestly any question or prompt aimed at determining whether interactions come from a human or a computer; and (iv) not circumvent or avoid any measure designed to block, limit, modify or control Agents’ access to, use of or interactions with the Services.

SECTION 15 – TERMINATION
I may terminate this agreement or your access to the Services (or any part thereof) in my sole discretion at any time 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 following 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 provisions that by their nature should survive termination.

SECTION 16 – DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. I do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. I disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of their contents.

EXCEPT AS EXPRESSLY STATED BY ME, 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, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. I DO NOT GUARANTEE, REPRESENT OR 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, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. IT DOES NOT, IN ANY CASE, DEPRIVE CONSUMERS OF THE STATUTORY GUARANTEES GRANTED TO THEM BY LAW.

SECTION 17 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL DAMON & PYTHIAS, MY PARTNERS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR 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, 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 SERVICES OR ANY PRODUCTS PROCURED USING 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 ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF I HAVE BEEN ADVISED OF THEIR POSSIBILITY.

SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless DAMON & PYTHIAS and Shopify, as well as my partners, contractors, licensors and service providers, from any loss, damage, liability or claim, including reasonable lawyers’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate 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.

I will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. I may control the defence and settlement of such a claim at your expense, including the choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defence of indemnified claims, including by providing relevant documents.

SECTION 19 – SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such a determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 – WAIVER; ENTIRE AGREEMENT
The failure 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 policies or operating rules posted by me on this site or in respect of the Services constitute the entire agreement and understanding between you and me, and govern your use of the Services. They supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and me (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 – ASSIGNMENT
You may not delegate, transfer or assign this agreement, or any of your rights or obligations under these Terms, without my prior written consent, and any such attempt will be null and void. I may transfer, assign or delegate these Terms and my rights and obligations without consent or notice to you.

SECTION 22 – GOVERNING LAW
These Terms of Service and any separate agreements whereby I provide you with Services shall be governed by and construed in accordance with French law. If you are a consumer, you keep the benefit of the mandatory provisions of the law of your country of residence.

SECTION 23 – HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 – CHANGES TO THE TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.

I reserve the right, in my sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to my website. It is your responsibility to check my website periodically for changes. I will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective as of the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes.

SECTION 25 – CONTACT INFORMATION
Questions about these Terms of Service should be sent to me at damonetpythias@mail.fr.

My contact details:
DAMON & PYTHIAS
Rue du Général de Gaulle, 35410 Châteaugiron, France
Phone: +33 7 56 85 66 38
Email: damonetpythias@mail.fr