Terms of service
Welcome to OMEGA COFFEE! The terms “we,” “us,” and “our” refer to OMEGA COFFEE. OMEGA COFFEE operates this store and website, including all related information, content, features, tools, products, and services, to provide you, as a customer, with a personalised shopping experience (the “Services”). OMEGA COFFEE uses the Shopify platform, which enables us to provide the Services.
The terms below, together with the policies referenced in them (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights, including warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy https://omegacoffee.fr/policies/privacy-policy . If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.
ARTICLE 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you have reached the legal age of majority in your state or province of residence, and you give us your consent to allow your minor children to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online stores or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment, and shipping details. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide this information.
You are solely responsible for the security of your account credentials and for all activity associated with your account. You may not transfer, sell, assign, or license your account to another person.
ARTICLE 2 – OUR PRODUCTS
We have made every effort to accurately present our products and services in our online stores. However, please note that product colours or appearance may differ from what is displayed on your screen due to the type of device you use to access the store, as well as its settings and configuration.
We do not guarantee that the appearance or quality of products or services you purchase will meet your expectations or be identical to what is presented or displayed in our online stores.
All product descriptions may be changed at any time, without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products offered to any person, geographical region, or jurisdiction on a case-by-case basis.
ARTICLE 3 – ORDERS
When you place an order, you are making an offer to purchase. OMEGA COFFEE reserves the right to accept or reject your order for any reason, at its discretion. Your order is considered accepted only after written confirmation from OMEGA COFFEE. We must receive and process your payment before your order is confirmed.
Please review your order carefully before submitting it, as OMEGA COFFEE may be unable to accept cancellation requests once the order has been confirmed. If your order is rejected, changed, or cancelled, we will attempt to contact you using the email address, billing address, and/or phone number provided when placing the order.
Your purchases are subject to the return or exchange conditions set out in our Refund Policy https://omegacoffee.fr/policies/refund-policy .
You represent and warrant that your purchases are intended for personal or household use, and not for commercial resale or export.
ARTICLE 4 – PRICES AND BILLING
Prices, discounts, and promotions may change without notice. The price charged for a product or service will be the price in effect when the order is placed and will be stated in your order confirmation email. Unless expressly stated otherwise, displayed prices do not include taxes, shipping fees, handling fees, customs duties, or import charges.
Prices displayed in our online stores may differ from those offered in our physical stores or on other online platforms operated by third parties. From time to time, we may offer promotions through our Services that affect prices and are governed by separate terms and conditions. In the event of a conflict between the terms of a promotion and these Terms, the promotion’s terms will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you when necessary.
You represent and warrant that: (i) your credit card information is accurate, correct, and complete; (ii) you are authorised to use that card for the purchase; (iii) the charges incurred will be honoured by your card issuer; and (iv) you will pay the charges incurred at the displayed prices, including shipping and handling fees and all applicable taxes.
ARTICLE 5 – SHIPPING AND DELIVERY
We cannot be held responsible for shipping or delivery delays. All stated delivery times are estimates and are not guaranteed. We disclaim responsibility for delays caused by carriers, customs procedures, or any event beyond our control. Once the products are handed over to the carrier, ownership and the risk of loss are transferred to you.
ARTICLE 6 – INTELLECTUAL PROPERTY
Our Services, including, without limitation, all registered trademarks, brands, text, displays, images, graphics, product reviews, videos, and audio content, as well as their design, selection, and arrangement, are the exclusive property of OMEGA COFFEE, its affiliates, or its licensors. They are protected by United States and foreign patent, copyright, and intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material available through the Services without our prior written consent. Unless expressly stated otherwise in these Terms, nothing shall be construed as granting you a licence or any other rights to any patent, trademark, copyright, or other intellectual property belonging to OMEGA COFFEE, Shopify, or any third party. Unauthorised use of the Services may violate federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by OMEGA COFFEE.
The names, logos, product and service names, designs, and slogans of OMEGA COFFEE are registered trademarks of OMEGA COFFEE, its affiliates, or its licensors. You may not use them without OMEGA COFFEE’s prior written permission. Shopify’s name, logo, product and service names, designs, and slogans are registered trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing through the Services are registered trademarks of their respective owners.
ARTICLE 7 – OPTIONAL TOOLS
As part of the Services, you may be given access to customer tools provided by third parties that we neither monitor nor control and in whose operation we have no involvement.
You acknowledge and agree that we provide access to these tools “as is” and “as available,” without warranties, representations, or conditions of any kind and without our endorsement. We disclaim all liability arising from or relating to your use of optional third-party tools.
Your use of optional tools offered through the website is entirely at your own risk and discretion. You are responsible for ensuring that you understand and accept the terms applicable to these tools, as defined by the relevant third-party provider or providers.
We may also offer new features through the Services in the future, including new tools and resources. These new features will be considered part of the Services and will be subject to these Terms of Service.
ARTICLE 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party features. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites that you choose to access. If you decide to leave the Services to access these third-party materials or websites, you do so at your own risk.
We disclaim all liability for any harm or damage related to your access to third-party websites or to the purchase or use of products, services, resources, or content on those websites. Please carefully review third-party policies and practices and make sure you understand them before entering into any transaction. Claims, complaints, concerns, or questions about third-party products and services should be directed to the relevant third party.
ARTICLE 9 – RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately describes the relationship between Shopify and your store and must not be removed or modified.]
OMEGA COFFEE is powered by Shopify, which enables us to provide the Services. However, any sale or purchase made in our Store is conducted directly with OMEGA COFFEE. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and OMEGA COFFEE, including any damage, injury, or loss resulting from purchased products or services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or relating to your purchase and transaction with OMEGA COFFEE.
ARTICLE 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, available here https://omegacoffee.fr/policies/privacy-policy , and certain personal information may also be subject to Shopify’s Privacy Policy, available here. By using the Services, you acknowledge that you have read these privacy https://www.shopify.com/legal/privacy .
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve them. Information you submit through the Services will be transmitted to and shared with Shopify and with third parties that may be located in countries other than your country of residence, in order to provide the services to you. Please consult our Privacy Policy https://omegacoffee.fr/policies/privacy-policy for more details about how we, Shopify, and our partners use your personal information.
ARTICLE 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or any other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, non-exclusive licence to use, reproduce, modify, publish, distribute, and display that Feedback for any purpose, including commercial purposes. For example, we may exercise our rights under this licence to operate, provide, evaluate, improve, and promote the Services, and to fulfil our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentives received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms. We are not and will not be under any obligation to (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.
We may, but are not obligated to, monitor, edit, or remove any Feedback that we consider, at our sole discretion, to be unlawful, offensive, threatening, defamatory, libellous, pornographic, obscene, or otherwise objectionable, or that infringes any party’s intellectual property rights or these Terms of Service.
You agree that your Feedback will not infringe any third-party rights, including copyright, trademark, data protection, personality rights, or other personal or proprietary rights. You further agree that your Feedback will not contain any defamatory, unlawful, abusive, or obscene material, or any computer virus or malicious software that could affect the operation of the Services or any related website. You may not use a false email address, impersonate another person, or mislead us or third parties about the origin of your Feedback. You are solely responsible for your Feedback and its accuracy. We disclaim liability and cannot be held responsible for Feedback posted by you or any third party.
ARTICLE 12 – ERRORS, INACCURACIES, AND OMISSIONS
The Services may occasionally contain information with typographical errors, inaccuracies, or omissions, including information relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or product availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders when information is inaccurate, at any time and without prior notice, including after you have submitted your order.
ARTICLE 13 – PROHIBITED USES
You may access and use the Services only for lawful purposes. You are strictly prohibited from accessing or using the Services, directly or indirectly: (a) for unlawful or malicious purposes; (b) in violation of any international, federal, provincial, state, or local regulation, rule, or law; (c) in a manner that infringes the intellectual property rights of OMEGA COFFEE, Shopify, or third parties; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or injure any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, use, or reuse content that does not comply with these Terms; (g) to transmit or arrange the sending of advertising or promotional materials, including spam, chain letters, junk mail, or similar solicitations; (h) to impersonate, or attempt to impersonate, any person or entity; or (i) to engage in conduct that restricts or interferes with another person’s use or enjoyment of the Services, or that, in our judgement, could harm OMEGA COFFEE, Shopify, or users of the Services, or expose them to liability.
You further agree not to: (a) upload or transmit viruses or other malicious code that could affect the functioning or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any part of the Services; (c) collect or track other people’s personal information; (d) engage in spamming, phishing, pharming, or pretexting through the Services; (e) use bots, spiders, scraping tools, data collection or extraction tools, automated devices, AI tools (including agentic AI), or any automated or manual means to access the Services; or (f) interfere with, circumvent, or disable security or authorisation features, robot exclusion headers, or any other measures we implement to restrict access to the Services.
We reserve the right to suspend, deactivate, or terminate your account at any time and without notice if we determine that you have violated any provision of these Terms.
ARTICLE 14 – AGENTS
14.1 This section (the “Agent Terms”) applies if you use, authorise, enable, or cause the deployment of an Agent to access, use, or interact with the Services. An “Agent” means any software or service acting autonomously or semi-autonomously on behalf of, or at the direction of, a person or entity, which 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 identifies itself at all times and operates in strict compliance with the conditions set out in section 14.4 below. Additionally, no Agent may access, use, or interact with the Services if we have instructed that Agent to refrain from accessing, using, or interacting with any service.
14.3 We may restrict, including through technical measures, whether and how an Agent accesses, uses, and interacts with the Services.
14.4 Agents must: (i) indicate in every HTTP/HTTPS request that the request originates from an Agent and disclose the Agent’s name by including “Agent/[agent name]” in the user-agent string; (ii) not conceal or disguise the fact that access, use, or interactions originate from an Agent, including by (a) mimicking human behaviour or interaction patterns, or (b) bypassing or completing CAPTCHAs or measures intended to distinguish computer use from human use; (iii) answer truthfully any question or prompt intended to determine whether interactions originate from a human or a computer; and (iv) not circumvent or evade any measure intended to block, restrict, modify, or control Agents’ access to, use of, or interactions with the Services.
ARTICLE 15 – TERMINATION
We reserve the right to terminate this agreement or your access to the Services, or any part of them, at our sole discretion, at any time and without notice. You will remain liable for all amounts due up to and including the date of termination.
The following sections will remain applicable after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision whose nature requires it to survive termination.
ARTICLE 16 – DISCLAIMER OF WARRANTIES
The information presented on or through the Services is provided for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
We disclaim all liability and warranties regarding the consequences of the use of this information by you, any other visitor to the Services, or anyone informed of its contents.
EXCEPT AS EXPRESSLY STATED BY OMEGA COFFEE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
ARTICLE 17 – LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OMEGA COFFEE, OUR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSEES, NOR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY DAMAGE, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL HARM OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOST DATA, REPLACEMENT COSTS, OR ANY SIMILAR HARM, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USING THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THEIR POSSIBILITY.
ARTICLE 18 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless OMEGA COFFEE, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers against any loss, damage, liability, or claim, including reasonable attorneys’ fees, owed to a third party and arising from (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or third-party rights, or (3) your access to and use of the Services.
We will notify you of any claim covered by this indemnity, provided that a failure to notify you promptly will not relieve you of your obligations unless you suffer substantial prejudice as a result. We may handle the defence and settlement of any claim at your expense, including selecting legal counsel, but we will not settle any claim involving non-monetary obligations on your part without your consent, which you may not unreasonably withhold. You will cooperate in the defence of claims covered by this indemnity, including by providing relevant documents.
ARTICLE 19 – SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision will remain enforceable to the maximum extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms of Service. Such a determination will not affect the validity or enforceability of the remaining provisions.
ARTICLE 20 – WAIVER; ENTIRE AGREEMENT
A failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of that right or provision.
These Terms of Service, together with any policies or operating rules published by us on this website or relating to the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and us, including, without limitation, any previous versions of the Terms of Service.
Any ambiguity in the interpretation of these Terms of Service will not be construed against the drafting party.
ARTICLE 21 – ASSIGNMENT
You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent. Any attempted unauthorised assignment will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or prior notice.
ARTICLE 22 – GOVERNING LAW
These Terms of Service, together with any separate agreement under which we provide you with the Services, will be governed by and construed in accordance with the federal laws and the laws of the states or territories of the competent courts in the jurisdiction where OMEGA COFFEE has its registered office. You and OMEGA COFFEE expressly consent to the territorial and personal jurisdiction of those courts.
ARTICLE 23 – HEADINGS
The headings used in this agreement are included for convenience only and will not affect or limit the interpretation of these Terms.
ARTICLE 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.
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 on our website. You are responsible for checking our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and those changes will take effect on the date specified in the notice. Your continued use of or access to the Services after changes to these Terms are posted constitutes acceptance of those changes.
ARTICLE 25 – CONTACT INFORMATION
For any questions about these Terms of Service, please contact us at contactomegacoffee@gmail.com.
Our contact details are provided below:
OMEGA COFFEE
contactomegacoffee@gmail.com
20 rue Marguerite Yourcenar
79000 Niort, France
+33 7 81 95 96 08