Please note, the English translation is for information purposes only. In the event of discrepancies between English and French version, the French version shall prevail.


Overview

This website is operated by Ainsi Hardi, a 'Société par Actions Simplifiées' (simplified joint stock company) incorporated in France. Throughout the site, the terms "we", "us" and "our" refer to Ainsi Hardi. Ainsi Hardi is registered with the Registre du Commerce et des Sociétés Paris under the number 838 982 254, N° TVA intracommunautaire : FR 86 838982254.

Ainsi Hardi offers this website ("Website", "Site"), including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Site and/ or purchasing something from us ("Products"), you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms and Conditions", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site ("Client"), including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Any new features or tools which are added to the current store shall also be subject to the Terms of Service.

If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. The Client must read the Terms and Conditions prior to any order (the "Order"), the Terms and Conditions being available on the Site.

Article 1 : Online Store Terms

The Website is available to all users of the Internet network and is accessible 7 days a week, 24 hours a day, subject to any interruption, planned or not, by Ainsi Hardi or its providers, for technical maintenance and/or security reasons or cases of circumstances outside of its control, i.e. "force majeure events" as recognised by the French courts. Ainsi Hardi is not liable for any damage incurred by an unavailability of the Website.

Ainsi Hardi does not make any promises about the availability or accessibility of the Website or guarantee that the access to the Website, the content on it or the services it provides will be delivered uninterrupted, timely or error-free. For technical maintenance and/or security reasons, Ainsi Hardi may be obliged to partially or totally suspend access to the Website temporarily and without notice. By accepting these Conditions of Use, users accept any such technical interruptions.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority in your country, state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.

You may not use our Products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

A breach or violation of any of the Terms will result in 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 content (not including credit card information), may be transferred unencrypted and 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 the Service, or access to the Service or any contact on the Website through which the service is provided, without express written permission by us.

The headings used 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 are not responsible 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. Any reliance on the material on this Site is at your own risk.

This Site may contain certain historical information. Historical information, necessarily, 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 : Prices and Terms of Payment

Prices

Prices mentioned on the Website are in Euros for Europe, Pound Sterling for the United Kingdom, U.S. Dollars for the United States of America and, Canadian dollars for Canada.

Prices do not include VAT (Value added tax, sales tax), any shipping costs, customs duties nor any other taxes. The VAT applicable in France (or any VAT applicable in the delivery country located in the European Union), is calculated based on the delivery address entered by the Client. These taxes are specified on the site before validation of the Order. Shipping costs are also calculated and specified on the site before validation of the Order.

For countries outside the European Union, sales taxes will not be applied, unless sales taxes apply at the destination of the Order. We reserve the right at any time to apply or modify sales taxes, if applicable.

Certain Orders may be subject to additional charges (duties, taxes) upon reception by the Client, depending upon the legislation of their country, and the package's country of shipment. Customs duties and other taxes must be paid by the Client directly with the delivery service. These costs are not the responsibility of Ainsi Hardi.

Prices for our Products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Terms of Payment

The Products are payable on the day of the order.

The purchases shall be settled either via PayPal, Amazon Pay or Stripe. The Client expressly acknowledges that disclosure of their bank card number to Ainsi Hardi gives the company authorization to debit their account to the amount of the Products ordered. In case of error of payment, a notice of cancellation of the order will be sent to the Client by Ainsi Hardi to the email address registered by the Client.

The data recorded and kept by Ainsi Hardi constitutes proof of the order and all previous transactions. The data recorded by PayPal, Amazon Pay or Stripe constitutes proof of the financial transactions.

Note: our e-commerce transactions are processed from France in Euros. Hence, some international banks or credit cards may charge a foreign transaction fee for online purchases from online stores. Ainsi Hardi does not charge such fee. Please contact your bank or credit card company before purchasing to confirm.

The full amount of the Order will be charged on the date of the Order. In case of refusal of authorization of payment, or in case of non-payment of all or part of a previous Order, Ainsi Hardi reserves the right to suspend any delivery.

Article 5 : Products

Certain products may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Refund Policy and Articles 10 and 11 below.

We have made every effort to display as accurately as possible the colors and images of our Products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. The photographs illustrating the Products sold on the Site are of an indicative nature only, and are not contractual.

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 any time without notice, at the sole 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 : Inscription and the Order

Inscription

To place an order, the client can create a personal account by filling its personal data (the "Account"). A confirmation of the subscription is sent to the client by email. By creating the Account, the client ensures the accuracy and completeness of the data provided. Client shall update its personal data. If an error occurs relating to the recipient address, Ainsi Hardi shall not be held liable in case of any inability to deliver the products ordered.

To ensure a faster and easier connection or registration, the client may use the "Amazon" or "Paypal" functionality, which enables to pre-fill automatically the form.

For more information about protection, collection, processing and use of personal data, as well as the Client's rights and options available to protect its privacy, please refer to Amazon's privacy policy.

Ainsi Hardi reserves the right to refuse any request or order and to close an account at its sole discretion.

The Order

Acceptance of an order placed on the Website is subject to compliance with the procedures put in place by Ainsi Hardi, expressed by a succession of different stages that the Client shall follow in order to validate their order.

The Client may at any time change or remove the products added in its cart (the "Cart"). The Cart summarizes the products selected by the Client, as well as its price, VAT and shipping costs, (excluding customs duties and other taxes). The Client may modify at any time its Cart before validating the order. The contractual information is presented in French and will be confirmed at the latest at the time of validation of the Order. Confirmation of the order by the Client implies the acceptance of all provisions of Terms and Conditions.

If the price paid by the Client doesn't include customs duties and other taxes, such additional costs shall be directly paid by the Client to the delivery carrier.

An email confirmation summarizing the order (products, prices, product availability, quantity etc.) will be sent to the Client by Ainsi Hardi. For this purpose, the Client formally accepts the use of email for receiving confirmation of the contents of their order from the Ainsi Hardi.

The Client accepts that the validation of the Order is the place of agreement between Ainsi Hardi and the Client. The validation of the payment by the Client and an e-mail confirmation of receipt of the Order by Ainsi Hardi will be proof of the acceptance of said Order and its final validation. The data recorded by Ainsi Hardi and the payment provider constitute proof of the nature, content and date of the Order.

Consequently, as soon as the Order is definitively validated, the Client will no longer be able to cancel or modify his Order, subject to the provisions of Article 10 of these Terms of Sale. The payment will then be triggered as soon as the order is validated.

In the event of unavailability after placing the Order, the Client will be informed as soon as possible by e-mail. The Order will be canceled, the payment will be credited to the Client, and Ainsi Hardi will advise when the product is available again. Ainsi Hardi incurs no liability in the event of a shortage or unavailability of a Product.

Ainsi Hardi reserves the right to cancel any Order from a Client with whom there was a prior dispute or for any other legitimate reason especially in view of the abnormal nature of the Order, particularly in case of Order for quantities and / or unusual amounts for an end user.

Article 7 : Delivery

The Products ordered by the Client in accordance with these Terms of Sale will be delivered to the address indicated by the Client as the delivery address at the time of the Order.

The delivery time begins upon the sending of the order confirmation email. In accordance with the law in force, Ainsi Hardi undertakes to execute the Order within a maximum period of thirty days from the date of validation of the Order, subject to availability and full payment of the price. In the absence of delivery at the end of this period, the Client may cancel the Order and obtain the refund of the Order.

In order to meet these deadlines, the Client must ensure that he has provided accurate and complete information concerning the delivery address (such as, in particular: street number, building number, staircase code, access, names and / or intercom numbers, etc.).

All offers of Products offered on the Site are limited to Orders placed for delivery in Metropolitan France (including Corsica), Germany, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Denmark, Spain, United Kingdom, Estonia, Finland, Greece, Hungary, Italy, Ireland, Latvia, Lithuania, Luxembourg, Malta, Monaco, Netherlands, Poland, Portugal, Romania, Czech Republic, Slovakia, Slovenia, Sweden, Switzerland and the United States of America.

Delivery is made to the delivery address indicated by the Client, noting that this must be the address of residence of the Client, an individual of their choice or a legal entity (delivery to their company). Delivery cannot be made to hotels or post boxes.

Article 8 : Free on Board Shipping Point

The Products remain the property of Ainsi Hardi until full payment is received for the Order. No dispute relating to the delivery itself is possible if the package appears to have been delivered in the delivery carrier's computer system or the receipt of the receipt is authentic.

Article 9 : Receipt of Order - Claims - Information

Upon receipt of the package, the Client is required to check the conformity and condition of the packaging of the Products and to raise visible defects. In case of deterioration or partial loss of the Product, the Client must make a claim with the delivery receipt presented by the delivery carrier and then communicate by email or mail to the Ainsi Hardi.

For any information, complaint, or question relating to the Products and their use or Terms of Sale by mail, the Client must contact Ainsi Hardi Client Service by email at Contact Us or by mail, and providing the Order number.

Article 10 : Right of Withdrawal

Upon the delivery of the Order, the Client has a period of fourteen days to notify his desire to exercise his right of withdrawal.

Your right to withdrawal does not apply if:

  • The service is fully performed before the expiry of the 14 day legal withdrawal period.
  • The Product is personalized;
  • The Product has been unsealed by the consumer after delivery and can not be returned for reasons of hygiene or health protection;
  • The Product has been mixed with other articles without the possibility of dissociating them;
  • Contracts concluded at a public auction;
  • The Product is no longer intact.
  • Digital content

The Client will have a period of fourteen days to notify Ainsi Hardi by email. Upon confirmation by Ainsi Hardi, the Client should then return to the same address, at their own expense and in their original packaging, the unopened products. It is important for the Client to take care of the packaging of the returned products, as it is the Client's responsibility to transport back the Product.

Failing the return of the Order within the time limit, the Order will be deemed final and no refund may occur, except as provided in these Terms and Conditions.

Ainsi Hardi undertakes to reimburse the Client for the amount of the Order corresponding to returned products subject to compliance with the conditions mentioned above. The refund will be made according to the payment method used by the Client within 15 days upon receipt of returned products by Ainsi Hardi. Any customs duties and others taxes paid directly by the Client to the delivery carrier are not refundable.

For more details, please see our Refund Policy.

Article 11 : Guarantees - Latent Defects

Ainsi Hardi is only required to deliver products which are compliant with the contractual provision. Products are considered as compliant if the following conditions fulfilled : (i) they shall be compliant with the description and have the features mentioned on the Site; (ii) they shall be compliance with the uses which may reasonably be expected of it; (iii) they shall compliant with the quality and strength which may reasonably be expected of similar products.

According to legal regulations, Ainsi Hardi guarantees the clients against compliance and latent defects, under the following conditions:

Visible defects - Non-compliance, latent defects

In case of a visible defect of a Product, the customer shall send an email at Contact Us. All demands shall mention the defect concerned. Failing that, the demand won't be accepted and no return or exchange will be possible.

Visible defect confirmed by Ainsi Hardi shall give rise, depending on the demand's content and the nature of the defect, to exchange or repayment or a voucher.

Subject to the confirmation of a non-compliance or a latent defect by Ainsi Hardi or the manufacturer, as the case may be, the customer shall benefit the following guarantees: 

Ainsi Hardi, whose headquarters is based in France, acting as a “guarantor” within the meaning mentioned in articles L217-5 and seq. French Code de la Consommation and articles 1641 and seq. of the French Code Civil.

Therefore :

  •  The client may introduce an action resulting from lack of conformity within two years after delivery of the Product ;
  • In the absence of proof to the contrary, any lack of conformity appearing within six months of delivery of the product is presumed to have existed at the time of delivery;
  • In the event of lack of conformity, the buyer shall choose between the repair or replacement of the product, subject to the costs according to Article L217-9 of the French Code de la Consommation.

 The legal guarantee of compliance applies regardless of the commercial guarantee described below.

The client may also introduce an action based on the latent defect as the meaning of Article 1641 and seq. of the French Code Civil. Such legal guarantee of latent defect allows the client to ask for the repayment of a product which is not compliant with the use which may reasonably be expected of it, within 2 years from the discovery of the latent defect.

The client has the choice between two options: keep the Product and ask for a price discount or return the Product and ask for the complete repayment of the price paid, according to the Article 1644 of the French Code Civil.

 In order to implement these warranties, the Product must be returned, in its original packaging, in its original condition, new, unworn, unwashed, with the references of the initial Order and copy of the claim to the registered offices of Ainsi Hardi, after sending an email indicating the reason for the return of the Product.

Article 12 : Limitation of Liability

Ainsi Hardi's liability related to the Products is limited to the sale price of each product. Ainsi Hardi will not be responsible or liable for any following losses, whenever its cause:
- Loss of benefit or sales
- Loss or revenue
- Loss of profits or contract or opportunity
- Loss of expecting savings
- Loss of data
- Loss of business, management or administration time
- Damage to the image
- Lost chance and especially of sale or purchase of a product
- Psychological damage.

Documents, details, descriptions, and information related to the Products published on the Website are not covered under any guarantee, express or implicit, except the guarantees provided under French law.

Ainsi Hardi makes no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horses, cancelbots, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer's functionality or operation including transmission arising from your download of any content, software you use to download the content, the Website or the server that makes it available. In this respect, the Client agrees that it is their responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Subject to the first paragraph of this article, any content downloaded or otherwise obtained through the use of the Website is done at Client's own risk and the Client will be solely responsible for any damage to its computer system or loss of data that results from the download of any such content.

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 Ainsi Hardi, our 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, whether based in contract, tort (including negligence), strict liability or otherwise. 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.

Ainsi Hardi is bound only by an obligation of means. It is up to the Client to judge the suitability and suitability of the items he orders. Ainsi Hardi cannot be held responsible for any use of the Products that do not conform to their intended purpose.

The delivery being ensured by a third party provider, Ainsi Hardi declines any responsibility in case of late delivery times because of the postal services, as well as in case of loss of the Products ordered or due to strikes of the postal services. The Client assumes the risks regarding the delivered products from the moment he takes possession of them at the time of delivery.

The responsibility of Ainsi Hardi can only be held in case of proven fault being exclusively attributable to it.

Ainsi Hardi reserves the right to suspend the exploitation of the Site, and does not guarantee that the Website is available continuously, without temporary interruption, without suspension, and without error.

Article 13 : "Force Majeure" (Unexpected or Unusual Events)

Ainsi Hardi cannot be held responsible in case of non-execution total or partial of its obligations, if this non-execution is due to a fortuitous event or to the occurrence of a constituent element of "force majeure" (example: acts of war, strikes, etc.). These events constitute a cause of suspension and / or extinguishment of the obligations of Ainsi Hardi towards the Client, without compensation to the Client.

Article 14 : Digital Content, Intellectual Property, and Copyrights

Any Digital Content and all the elements reproduced on the Website are protected by the Intellectual Property Code and by the applicable international standards.
As such, Digital Content is for strictly personal and private use only. Any reproduction, adaptation or representation in any form and by any means whatsoever, including any exchange, resale, lease or transfer to a third party is strictly prohibited and will be considered as a copyright infringement liable to prosecution criminal.

You expressly agree to keep the download link confidential and not to communicate it in any form to a third party. For additional details on our Digital Downloads - Terms and Conditions, please see here.

In accordance with the laws and conventions governing intellectual property or other similar rights, this Site and all elements, trademarks, drawings, models, photographs, texts, illustrations, logos, animated or non-animated sequences, sound or not, graphics etc. contained in this Site and their compilation are the exclusive property of the company Ainsi Hardi, related companies or its subsidiaries, and it does not grant any license or any right other than to consult the Site.

The reproduction or use of all or part of these elements is only authorized for the sole purpose of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited. Neither all or part of the Site, nor its content, nor the marks may be used, reproduced, duplicated, copied, sold, resold, made accessible, modified or otherwise exploited, in whole or in part, for any purpose other than is. Any other use will constitute counterfeit.

Article 15 : Accuracy Of Billing And Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same Client, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. 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.

Article 16 : 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 and you should ensure that you are familiar with and approve of 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 features and/or services shall also be subject to these Terms of Service.

Article 17 : Third-party Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this Site may direct you to third-party websites. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with 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 should be directed to the third-party.

In addition, please consult our Privacy Policy.

Article 18 : User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be 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 may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree 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 us or third-parties 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 19 : Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. Please consult our Privacy Policy.

Article 20 : 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 update or refresh 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 21 : 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:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to 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 Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, 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 22 : Indemnification

You agree to indemnify, defend and hold harmless Ainsi Hardi and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless 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 23 : Severability

In the event that any provision of these Terms of Service 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 Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Article 24 : Termination

The obligations and liabilities of the parties incurred 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 we suspect that you 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 and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Article 25 : Entire Agreement

The failure of 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 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 Service shall not be construed against the drafting party.

Article 26 : Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of France. In the case of any dispute concerning Ainsi Hardi, an amicable solution will be sought for.

If this is not possible, French jurisdictions will be territorially competent to solve any disputes. Any Order from a Client implies an explicit and irrevocable waiver of any action of any nature whatsoever that does not fall within the exclusive jurisdiction of the laws in France.

Article 27 : Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at 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 changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Article 28 : Contact Information

Questions about the Terms of Service should be sent to us by email.

Appendix A: Affiliate Contract

Affiliates who sign up under the Ainsi Hardi Affiliate program are subject to the following additional Terms and Conditions:

a) Enrolment: To begin the enrolment process, you will complete and submit the online application at the Ainsi-Hardi.com Affiliate portal. We may reject your application at our sole discretion.

b) Affiliate Obligations: We may determine that your site is unsuitable for our Program under any circumstances that we do not have to disclose, including any of the following:

  • Promotes sexually explicit materials
  • Promotes violence
  • Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
  • Promotes illegal activities
  • Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
  • Includes "Ainsi Hardi", “Snippets of Paris” or variations or misspellings thereof in its domain name
  • Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
  • Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
  • Uses spamming techniques
  • Sets commission tracking cookies through loading of Ainsi Hardi site in IFrames, hidden links and automatic pop ups that open Ainsi Hardi’s site.
  • Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited Ainsi Hardi’s site.

You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are Ainsi-Hardi.com, Snippetsofparis.com or any other affiliated business.

As a member of Ainsi-Hardi.com's Affiliate Program, you will have access to Affiliate Account Portail. Here you will be able to review our Program’s details and previously-published affiliate newsletters, download HTML code and banner creatives, browse and get tracking codes for our coupons and deals. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate link we provide you with.

Ainsi Hardi reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.

c) Renumeration: The affiliate is remunerated under the conditions set out in the affiliate program. The type of remuneration, its amount, and the terms of payment are specified on the affiliate portal at Ainsi-Hardi.com.

d) Ainsi Hardi Rights and Obligations: We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the Ainsi Hardi Affiliate Program.

Ainsi Hardi reserves the right to terminate this Agreement and your participation in the Ainsi Hardi Affiliate Program immediately and without notice to you should you commit fraud in your use of the Ainsi Hardi Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, Ainsi Hardi shall not be liable to you for any commissions for such fraudulent sales.

This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.

e) Termination: Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email, or another form of electronic communication. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.

f) Modification: We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and Ainsi Hardi's Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in Ainsi Hardi's Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.

g) Confidentiality: All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.

h) Grant of Licenses: We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material that we provide to you or authorize for such purpose.You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of Ainsi Hardi's Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of Ainsi Hardi and the goodwill associated therewith will inure to the sole benefit of Ainsi Hardi.

i) Limitation of Liability: It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person's copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third party rights.

 Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.

j) Miscellaneous: You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Ainsi Hardi. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this contract.