These Terms of Service (“Terms”) govern your access to and use of www.chezgagne.com, any related pages or services (collectively, the “Site”), and purchases made from Chez Gagné LLC, doing business as Chez Gagné (“Chez Gagné,” “we,” “us,” or “our”).

By accessing or using the Site or placing an order with us, you agree to these Terms. If you do not agree to these Terms, please do not use the Site.

1. About Chez Gagné

Chez Gagné LLC, doing business as Chez Gagné, is a California limited liability company headquartered at:

13212 Saticoy Street
North Hollywood, CA 91605

These Terms apply to visitors to our Site, retail customers, wholesale customers, and other users of our services. Certain services, purchases, or wholesale relationships may also be subject to additional terms or policies referenced in these Terms.

2. Eligibility and Use of the Site

By using the Site, you represent that you are at least the age of majority in your state or jurisdiction of residence and are legally capable of entering into a binding agreement.

You agree not to:

• Use the Site or our products for any unlawful purpose;
• Violate any applicable law or regulation;
• Introduce viruses, malware, malicious code, or other harmful material;
• Attempt to gain unauthorized access to the Site or systems connected to it;
• Interfere with the operation or security of the Site;
• Scrape, copy, reproduce, or exploit Site content for unauthorized commercial purposes; or
• Use the Site in a manner that infringes the rights of Chez Gagné or any third party.

If you use the Site on behalf of a business or other organization, you represent that you have authority to bind that organization to these Terms.

3. Intellectual Property

All content made available through the Site, including product designs, product names, artwork, illustrations, text, copy, graphics, logos, photographs, videos, branding, packaging designs, and other creative materials, is owned by or licensed to Chez Gagné and is protected by applicable copyright, trademark, trade dress, and other intellectual property laws.

Except as expressly permitted by us in writing, you may not reproduce, copy, modify, distribute, publish, display, create derivative works from, sell, license, or otherwise commercially exploit our content.

Nothing on the Site grants you any license or right to use Chez Gagné’s trademarks, trade names, designs, copyrighted works, or other intellectual property without our prior written consent.

4. Product Information

We make reasonable efforts to accurately display and describe our products, including their colors, materials, dimensions, ingredients, pricing, and other characteristics.

However, colors and other visual details may appear differently depending on your device or display settings. Because some of our products are handmade, hand-finished, printed using traditional processes, or made from materials with natural variation, individual products may vary slightly from photographs or samples shown on the Site.

We reserve the right to correct errors or inaccuracies and to update product information when necessary.

5. Pricing and Availability

All prices are displayed in the currency indicated on the Site and are subject to change without notice.

Product availability is not guaranteed. Products may sell out, become unavailable, or be discontinued at any time.

If we discover a material pricing, product, inventory, or other error affecting an order, we may contact you to correct the error or cancel the affected portion of the order and issue an appropriate refund.

Promotions, discounts, coupon codes, free gifts, and other offers may be subject to additional terms and may be modified or discontinued as permitted by law.

6. Orders and Payment

Submitting an order does not necessarily mean that we have accepted it. We may decline or cancel an order when reasonably necessary, including due to:

• Product or inventory errors;
• Pricing or listing errors;
• Suspected fraud or unauthorized payment activity;
• Violation of these Terms or another applicable Chez Gagné policy;
• Shipping restrictions;
• Inability to fulfill the order; or
• Other circumstances that reasonably prevent us from completing the transaction.

If we cancel an order after payment has been processed, we will refund the applicable amount to the original payment method, subject to applicable law and payment processor timing.

Retail orders must generally be paid at checkout. Approved wholesale customers may be eligible for separate payment terms.

You are responsible for providing accurate billing, shipping, payment, and contact information.

Orders, Payment & Pricing

We strive to ensure all pricing, availability, and product descriptions are accurate; however, errors may occur.

• Order Acceptance: We reserve the right to refuse or cancel any order at any time for any reason, including pricing or stock errors, suspected fraud, or policy violations.
  
• Pricing Changes: Prices are subject to change without notice.
  
• Payment: All orders must be paid in full at checkout, unless alternate payment terms have been agreed upon for wholesale accounts.
  

7. Shipping and Delivery

Shipping options, rates, and estimated delivery information are provided during checkout or through our Shipping Policy.

Unless we expressly state otherwise, shipping and delivery dates are estimates and are not guarantees. Carrier delays, weather, holidays, incorrect addresses, customs processing, and other circumstances outside our reasonable control may affect delivery.

We are responsible for properly preparing and tendering your order to the applicable carrier. If your package is lost, damaged, or otherwise experiences a delivery issue, please contact us so we can review the circumstances and determine the appropriate resolution in accordance with applicable law and our shipping policies.

For additional information, please review our Shipping Policy.

8. International Orders

International orders may be subject to customs duties, import taxes, brokerage charges, or other fees imposed by the destination country or carrier.

Unless otherwise stated at checkout, these charges are the customer’s responsibility and are not included in the product price or shipping charge paid to Chez Gagné.

International shipments may also be subject to customs delays, import restrictions, or other requirements outside our control.

Please review our International Shipping Policy for additional information.

9. Preorders and Delayed Shipments

Certain products may be offered for preorder or advance purchase before they are available for immediate shipment.

When a product is offered for preorder, we will provide an estimated shipping timeframe when reasonably available. Estimated availability and shipping dates may change due to manufacturing, transportation, customs, supply chain, or other circumstances.

If we are unable to ship an order within the timeframe we represented, we will provide notice and, where required by applicable law, give you the opportunity to consent to the delay or cancel the affected order for a prompt refund.

If no shipping timeframe is provided, we will process the order in accordance with applicable law.

Preorder products purchased together with in-stock products may ship separately or together depending on the shipping method, product availability, and fulfillment arrangements disclosed at checkout or on the applicable product page.

10. Returns, Refunds, and Exchanges

Returns, refunds, exchanges, damaged products, and other post-purchase matters are governed by our Return Policy, which is incorporated into these Terms by reference.

Certain products may be designated as final sale where permitted by law. Any applicable final-sale restriction will be disclosed before purchase.

Nothing in our Return Policy or these Terms limits any rights or remedies that cannot lawfully be waived or limited.

11. Wholesale Accounts

Wholesale purchases may be subject to additional terms, including account approval requirements, minimum order amounts, case packs, payment terms, shipping arrangements, territory restrictions, resale requirements, and other wholesale policies.

Wholesale account approval is not guaranteed. We may approve, decline, suspend, or discontinue wholesale accounts when reasonably necessary for business, credit, policy, distribution, or other legitimate reasons.

Additional information is available on our Wholesale Information page or through our wholesale team.

If separate written wholesale terms conflict with these Terms regarding a wholesale transaction, the applicable wholesale terms will control with respect to that transaction.

12. Mobile Messaging

If you voluntarily opt in to receive SMS or MMS messages from Chez Gagné, you may receive marketing, promotional, transactional, or other messages consistent with the consent you provided.

Message frequency may vary. Message and data rates may apply.

Consent to receive marketing text messages is not a condition of purchasing goods or services from Chez Gagné.

You may opt out of marketing text messages at any time by following the opt-out instructions provided in the message, including by replying STOP where applicable.

Wireless carriers are not liable for delayed or undelivered messages. Delivery of messages may be affected by circumstances outside our control.

13. Privacy and Cookies

Our collection, use, disclosure, and other processing of personal information is described in our Privacy Policy.

We and our service providers may use cookies and similar technologies in accordance with our Privacy Policy and Cookie Policy.

Where available, you may manage certain privacy and cookie preferences using the privacy controls provided on our Site.

14. Third-Party Services and Links

The Site may contain links to or integrations with websites, applications, payment services, social media platforms, marketplaces, or other services operated by third parties.

We do not control and are not responsible for the content, availability, security, privacy practices, or other practices of third-party services.

Your use of third-party services may be governed by separate terms and privacy policies provided by those third parties.

15. Reviews, Feedback, and User Content

If you voluntarily submit a product review, photograph, comment, feedback, suggestion, or other content to Chez Gagné (“User Content”), you grant Chez Gagné a non-exclusive, worldwide, royalty-free license to use, reproduce, display, distribute, adapt, and publish that User Content for legitimate business and promotional purposes, subject to applicable law.

You represent that you have the right to submit the User Content and that our permitted use of it will not infringe the rights of another person.

This section does not transfer ownership of your User Content to Chez Gagné.

16. Product Use and Safety

Products should be used only as intended and in accordance with any instructions, warnings, labels, or other information provided with the product or on the applicable product page.

Some products may contain small parts, glass, fragrance ingredients, matches, or other materials requiring appropriate handling. Keep products away from children or pets where indicated and follow all applicable safety instructions.

Safety matches and other flame-producing products should be used responsibly, kept away from children, and stored and used according to the instructions provided with the product.

Shower steamers are intended for shower use as directed and are not intended for ingestion. Product colorants or ingredients may leave temporary residue on certain surfaces. Rinse shower surfaces after use and follow applicable product instructions.

Certain products may carry warnings required under California Proposition 65 or other applicable laws. Please refer to the warning displayed on the applicable product, packaging, or product page.

17. Handmade and Naturally Variable Products

Certain Chez Gagné products are handmade, hand-painted, hand-finished, letterpress printed, or made from materials that naturally vary.

Minor differences in color, pattern, texture, printing, paint placement, finish, or other characteristics may occur and are not necessarily defects.

For example, our letterpress greeting cards are produced using traditional printing processes, and slight variations in ink coverage, impression, and registration may occur.

18. Disclaimer of Warranties

To the fullest extent permitted by applicable law, the Site is provided on an “as is” and “as available” basis.

We do not warrant that access to the Site will always be uninterrupted, error-free, secure, or free of harmful components.

Any warranties applicable to products purchased from Chez Gagné are limited only to the extent permitted by applicable law.

Nothing in these Terms excludes, disclaims, or limits any warranty, consumer protection, or other right that cannot lawfully be excluded, disclaimed, or limited.

19. Limitation of Liability

To the fullest extent permitted by applicable law, Chez Gagné LLC and its officers, employees, agents, affiliates, and service providers will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising from or relating to your use of the Site or products purchased through the Site.

To the fullest extent permitted by applicable law, our aggregate liability arising from a particular purchase will not exceed the amount you paid to Chez Gagné for the product or order giving rise to the claim.

These limitations do not apply where liability cannot lawfully be excluded or limited.

20. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Chez Gagné LLC and its officers, employees, agents, and affiliates from third-party claims, liabilities, damages, and reasonable expenses arising from your unlawful misuse of the Site, your violation of these Terms, or your infringement of another person’s rights.

This provision does not require a consumer to indemnify Chez Gagné for Chez Gagné’s own unlawful conduct, negligence, or violation of applicable law.

21. Governing Law

These Terms and your use of the Site are governed by the laws of the State of California, without regard to its conflict-of-law principles, except to the extent another jurisdiction’s laws apply and cannot lawfully be waived.

Nothing in these Terms deprives you of consumer protections that apply to you under applicable law.

22. Severability

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed where appropriate, and the remaining provisions will remain in effect.

23. No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it later.

24. Entire Agreement

These Terms, together with any policies or additional terms expressly incorporated by reference, constitute the agreement between you and Chez Gagné concerning your use of the Site and applicable purchases.

25. Accessibility

Chez Gagné is committed to providing an accessible experience for our customers.

If you experience difficulty accessing information or functionality on our Site, please contact us at hello@chezgagne.com so we can assist you.

26. Changes to These Terms

We may update these Terms from time to time to reflect changes to our services, business practices, or applicable requirements.

When we update these Terms, we will revise the “Last Updated” date at the top of this page. Changes will apply prospectively from the effective date of the updated Terms unless otherwise stated or permitted by law.

27. Contact Us

If you have questions about these Terms, please contact us:

📧 Direct Customers: hello@chezgagne.com or orders@chezgagne.com

📧 Wholesale Customers: wholesale@chezgagne.com

Chez Gagné LLC d/b/a Chez Gagné

13212 Saticoy Street
North Hollywood, CA 91605

📱 (818)452-9900

9am-4pm, M-F (holidays excluded)