CONDITIONS GÉNÉRALES DE VENTE ET D’UTILISATION
General conditions of sale and use
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OVERVIEW
This website is operated by 14653289 Canada Inc . Throughout the site, the terms “we”, “us” and “our” refer to . 14653289 Canada Inc . 14653289 Canada Inc proposer ce site Web, y comprenant toutes les informations, tous les outils et tous les services qui y sont disponibles pour vous, l'utilisateur, sous réserve de votre acceptation de l'ensemble des modalités, conditions, politiques et avis énoncés ici.
By visiting this site and/or purchasing any of our products, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms of Service and Use”, ” Conditions"), including the additional terms, conditions and policies referred to herein and/or accessible by hyperlink. These General Terms and Conditions of Sale and Use apply to all users of this site, including but not limited to users who browse the site, who are sellers, customers, merchants, and/or content contributors.
Please read these Terms and Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these Terms and Conditions of Sale and Use. If you do not agree to all of the terms and conditions of this agreement, then you must not access the website or use the services offered there. If these General Terms and Conditions of Sale and Use are considered as an offer, acceptance is expressly limited to these General Terms and Conditions of Sale and Use.
All new features and tools that will be added at a later date to this shop will also be subject to these General Terms and Conditions of Sale and Use. You can consult the most recent version of the General Terms and Conditions of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these General Terms and Conditions of Sale and Use by posting updates and/or changes on our website. It is your responsibility to check this page regularly to see if any changes have been made. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our shop is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you. ARTICLE 1 - CONDITIONS OF USE OF OUR ONLINE STORE By accepting these General Terms and Conditions of Sale and Use, you declare that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any minor dependents to use this website. Use of our products for any illegal or unauthorized purpose is prohibited, and you must not, in the use of the Service, violate the laws of your jurisdiction (including but not limited to copyright laws). You must not transmit any worms, viruses or any other code of a destructive nature. You understand that your content (excluding your credit card information) could be transferred unencrypted, and this implies (a) transmissions over various networks; and (b) changes to comply with and adapt to the technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service or use of the Service, or any access to the Service or contact on the website through which the Service is provided, without our express prior written authorization. The headings used in this agreement are included for your convenience, and will neither limit nor affect these Terms and Conditions. ARTICLE 3 - ACCURACY, COMPLETENESS AND CURRENTNESS OF INFORMATION We are not responsible if the information available on this site is not accurate, complete or up to date. The content of this site is provided for information purposes only and should not constitute your sole source of information for decision-making, without first consulting more accurate, complete and up-to-date sources of information. If you decide to rely on the content presented on this site, you do so at your own risk. This site may contain certain previous information. This previous information, by nature, is not up to date and is provided for information purposes only. We reserve the right to modify the content of this site at any time, but we are under no obligation to update the information on our site. You agree that it is your responsibility to monitor changes made to our site. ARTICLE 4 - CHANGES TO THE SERVICE AND PRICES The prices of our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (as well as any part or content of the Service) without notice at any time. We will not be liable to you or any third party for any price changes, suspension or interruption of the Service. ARTICLE 5 – PRODUCTS OR SERVICES (if applicable) Some products or services may be exclusively available online on our website. These products or services may be available in limited quantities and may only be returned or exchanged in accordance with our Return Policy. We have done our best to display as clearly as possible the colors and images of our products that appear in our shop. We cannot guarantee that the display of colors on your computer screen will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions and product prices are subject to change at any time without prior notice, at our sole discretion. We reserve the right to stop offering a product at any time. Any service or product offer presented on this site is void where prohibited by law.
We do not guarantee that the quality of any products, services, information, or other goods you have obtained or purchased will meet your expectations, nor that any errors in the Service will be corrected.
ARTICLE 6 – ACCURACY OF INVOICING AND ACCOUNT INFORMATION We reserve the right to refuse any order you place with us. We may, at our sole discretion, reduce or cancel the quantities purchased per person, per household or per order. These restrictions may include orders placed by or from the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we modify or cancel an order, we may attempt to notify you by contacting you at the e-mail and/or billing address/telephone number provided at the time the order was placed. We reserve the right to limit or prohibit orders which, in our sole judgment, may appear to be from dealers, resellers or distributors.
You agree to provide up-to-date, complete and accurate order and account information for all orders placed in our shop. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you if necessary. For more details, please consult our Return Policy. ARTICLE 7 - OPTIONAL TOOLS We may provide you with access to third-party tools over which we have no monitoring, control or influence. You acknowledge and agree that we provide access to such tools “as is” and “as available”, without any warranty, representation or condition of any kind and without any endorsement. We shall have no legal liability arising out of or in connection with the use of these optional third-party tools. If you use the optional tools offered on the site, you do so at your own risk and discretion, and you should consult the conditions under which these tools are offered by the relevant third-party supplier(s). We may also, in the future, offer new services and/or new functionalities on our site (including new tools and new resources). These new features and services will also be subject to these General Terms and Conditions of Sale and Use. ARTICLE 8 - THIRD-PARTY LINKS Some content, products and services available through our Service may include elements from third parties. Third-party links on this site may redirect you to third-party websites that are not affiliated with us. We are not required to review or evaluate the content or accuracy of these sites, and we do not guarantee or assume any responsibility for any content, website, product, service or other material accessible on or from these third-party sites. 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 of these 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 these third-party products should be submitted to the third parties themselves. ARTICLE 9 - COMMENTS, SUGGESTIONS AND OTHER USER SUBMISSIONS If, at our request, you submit specific content (for example, to participate in competitions), or if without our request, you send creative ideas, suggestions, proposals, plans or other elements, whether online, by e-mail, by post, or otherwise (collectively, “comments”), you grant us the right, at any time, and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any media any comments you send to us. We are not and shall not be required (1) to maintain the confidentiality of the comments; (2) to pay compensation to anyone for any comments provided; (3) to respond to the comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these General Terms and Conditions of Sale and Use. You agree to write comments that do not violate the rights of third parties, including copyrights, trademarks, confidentiality, personality, or other personal or property rights. You also agree that your comments will not contain any illegal, defamatory, offensive or obscene content, nor will they contain any computer viruses 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 you are not, or try to mislead us and/or third parties as to the origin of your comments. You are fully responsible for all comments you post and their accuracy. We assume no responsibility and disclaim any liability for any comments you post or that any other third party posts. ARTICLE 10 - PERSONAL INFORMATION The submission of your personal information on our store is governed by our Privacy Policy. Click here to view our Privacy Policy. ARTICLE 11 - ERRORS, INACCURACIES AND OMISSIONS There may be times when information on our site or in the Service may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping charges, delivery 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 and without prior notice (including after you have placed your order). We are not required to update, modify or clarify information in the Service or on any related website, including but not limited to pricing information, except as required by law. No defined date of update or refresh in the Service or on any other associated website should be taken into account to conclude that the information in the Service or on any other associated website has been modified or updated. ARTICLE 12 - PROHIBITED USES In addition to the prohibitions set forth in the General Terms and Conditions of Sale and Use, you are prohibited from using the site or its content: (a) for illegal purposes; (b) to incite others to perform or participate in illegal acts; (c) to violate any regional ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, injure, defame, slander, denigrate, intimidate or discriminate against anyone on the basis of gender, sexual orientation, religion, ethnic origin, 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 could be used in a way that compromises the functionality or operation of the Service or any related, independent website, or the Internet; (h) to collect or track the personal information of others; (i) for spamming, phishing, domain hijacking, extorting information, browsing, exploring or scanning the web (or any other resource); (j) for obscene or immoral purposes; or (k) to breach or circumvent the security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating prohibited uses. ARTICLE 13 - DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY We do not guarantee or claim that your use of our Service will be uninterrupted, fast, secure or error-free. We do not guarantee that the results that may be obtained through the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time without prior 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 representation, warranties or conditions of any kind, either express or implied, including all implied warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
14653289 Canada Inc, our directors, managers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors cannot be held liable under any circumstances for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including but not limited to loss of profits, income, savings, data, replacement costs or any similar damages, whether contractual, tort (even in the case of negligence), strict liability or otherwise, resulting from your use of any service or product from this Service, or with regard to any other claim related in any way to your use of the Service or any product, including but not limited to any error or omission in any content, or any loss or damage of any kind arising from the use of the Service or any content (or product) published, transmitted, or otherwise made available through the Service, even if you have been advised of the possibility that they may occur. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law. ARTICLE 14 - INDEMNIFICATION You agree to indemnify, defend and protect 14653289 Canada Inc, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, with respect to any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these General Terms and Conditions of Sale and Use or the documents referred to in them, or your violation of any law or the rights of a third party.
ARTICLE 15 - SEPARABILITY In the event that any provision of these General Terms and Conditions of Sale and Use is found to be illegal, void or unenforceable, such provision may nevertheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed to be severed from these General Terms and Conditions of Sale and Use, this dissociation shall not affect the validity and applicability of all other remaining provisions. ARTICLE 16 - TERMINATION The obligations and responsibilities incurred by the parties prior to the termination date shall remain in force after the termination of this agreement for all purposes. These General Terms and Conditions of Sale and Use are effective unless and until terminated by either you or us. You may terminate these General Terms and Conditions of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you stop using our site. If we determine, in our sole discretion, that you have failed, or if we suspect that you have been unable to comply with the terms of these General Terms and Conditions of Sale and Use, we may also terminate this agreement at any time without prior notice to you and you will remain liable for all amounts due up to and including the date of termination, and/or we may deny you access to our Services (or any part thereof). ARTICLE 17 - ENTIRE AGREEMENT Any failure on our part to exercise or apply any right or provision of these General Terms and Conditions of Sale and Use shall not constitute a waiver of such right or provision. These General Terms and Conditions of Sale and Use or any other policy or operating rule we publish on this site or relating to the Service constitute the entire understanding and agreement between you and us and govern your use of the Service, and supersede all prior and contemporaneous communications, proposals and agreements, oral or written, between you and us (including, but not limited to, any prior version of the General Conditions of Sale and Use). Any ambiguity as to the interpretation of these General Terms and Conditions of Sale and Use shall not be interpreted to the detriment of the reacting party. ARTICLE 18 - APPLICABLE LAW These General Terms and Conditions of Sale and Use, as well as any other separate agreement through which we provide Services to you, will be governed by and interpreted in accordance with the laws in force at
ébec, G0C 2Z0 CANADA ARTICLE 19 - CHANGES TO THE GENERAL TERMS AND CONDITIONS OF SALE AND USE You can consult the most recent version of the General Terms and Conditions of Sale and Use at any time on this page. We reserve the right, at our sole discretion, to update, modify or replace any part of these General Terms and Conditions of Sale and Use by posting updates and changes on our site. It is your responsibility to visit our site regularly to check for changes. Your continued use of or access to our site following the posting of any changes to these Terms and Conditions of Sale and Use constitutes acceptance of those changes. ARTICLE 20 - CONTACT DETAILS Questions regarding the General Terms and Conditions of Sale and Use should be sent to us at contact@emiloom. com.