ARTICLE 1 - GENERAL
The site (hereinafter called the “Site” is an e-commerce site accessible via the Internet at the following address: www.happywaxing.ca
It is published by the company: Perron Rigot Canada inc., whose head office is located at 9101 Rue du Parcours, Anjou, Québec, H2J 2Y1 (hereinafter called “PRCND”).
The sale of PRCND products on this Site is exclusively reserved for the end consumer, that is, any natural or legal person not acting as a merchant and having the legal capacity to contract. Consequently, orders from professionals will not be honoured by PRCND. In this regard, PRCND reserves the right to cancel any abnormal order, such as an order for quantities of products exceeding a consumer's normal needs or abnormal order flows to the same billing and/or delivery address.
Moreover, PRCND products are intended to be sold only in the PPRCND distribution network. Consequently, it is forbidden for Customers or consumers who buy PRCND products on its website to sell, buy or provide as gifts PRCND products for the purposes of their resale outside the PRCND distribution networks, particularly on websites. Beyond infringement of trademarks or the integrity of PRCND products, such actions may be of such nature as to incur the civil liability and, as applicable, the penal liability of their perpetrators.
PRCND and the Customers hereinafter are defined collectively as the “Parties” and individually as the “Party”.
PRCND reserves the possibility of changing these General Terms of Sale and warranty at any time, and the content of the information disseminated on the Site, at any time and without notice, it being understood that the changes made will not be applicable to the orders validated by the Customer and accepted and confirmed by PRCND.
The Customer acknowledges having studied and accepted the terms and conditions of these General Terms of Sale (hereinafter the “GTS”). The GTS express the obligations of the Parties in their entirety. The Customer is deemed to accept them without reservation
They are accessible on the Site and will take precedence, as applicable, over another version or another contradictory document. It is specified that the Customer has the possibility of saving and/or printing the GTS, on condition of not making any change thereto.
If a term of sale is in default, it would be considered to be governed by the usages in force in the distance selling sector for companies having their registered office in France.
ARTICLE 2 – SITE PUBLISHER
Perron Rigot Canada
9101 Rue du Parcours,
ARTICLE 3 – SITE HOST
This Site is hosted by Shopify (www.shopify.com)
ARTICLE 4 – CUSTOMER SERVICE AND EMAIL
For any information, questions or advice, our Customer Service is at your disposal:
Perron Rigot Canada
9101 Rue du Parcours,
Monday to Friday from 8 a.m. to 4:30 p.m., except during Perron Rigot Canada closing periods, which will be duly specified on the Site.
ARTICLE 5 - PRODUCTS - OFFERS - PRICES
Prior to its order, the Customer may directly obtain information on the Site about the essential characteristics of the Products it wishes to order.
The User also acknowledges that the promotional offers are valid as long as they are published on the Site and within the limit of validity of the offer concerned.
PRCND reserves the right to change its prices at any time, but undertakes to apply the rates in force indicated on the date of the order, subject to the availability of the products at the time of the order. If the order is validated and the products are found to be unavailable subsequent to the date of the order, the rate indicated on the date of the order will be applied to them, even if this rate changes before the delivery of said products.
The prices are indicated in Canadian. dollars before taxes are applied. They do not account for the delivery charges, billed in addition, and indicated before the validation of the order.
If one or more tax(es) or contribution(s), particularly environmental, comes to be created or modified, upward or downward, this change may be applied to the selling price.
The offers proposed on the PRCND Site are valid only for the term mentioned in the media that do the promotion (emails, “sliders home”, etc.) and are not applicable, except if mentioned otherwise, in the partner institutes.
ARTICLE 6 - ORDER
The Customer has the possibility of placing an order online from the headings ’catalog” or any other headings allowing access to the Product catalogue, within the limits of the available inventory.
The different steps are as follows:
- Selection of the article or articles to be ordered to add them to the shopping cart. Eventual capture of an offer code to benefit from a price, gift or promotion. The Customer, at any time, may verify the details and the content of the shopping cart and the corresponding price and proceed with any useful change.
- Saving the order. The order may be saved on the Site only if Customers are clearly identified with their customer account with their ID and password. New Customers must create an account by capturing a valid electronic address and a password (personal and confidential) that subsequently will be used to identify themselves on the Site. In all cases, it is mandatory to provide the personal information necessary for processing and delivery of the orders.
- Selection and validation of the delivery method.
- Selection and validation of the terms of payment, among those that are proposed.
- When the order is confirmed by the Customer by clicking the “Validate my order/Validate my shopping cart” button, the Customer declares the acceptance of the completeness of these General Terms of Sale. Moreover, PRCND provides the Customer with a copy of the order on a durable medium, confirming the express commitment of the Parties.
Once the order is saved, a detailed acknowledgement of receipt of the order is sent to the Customer’s electronic address. This acknowledgement of receipt recapitulates all of the items constituting the order, including the exact amount invoiced and the terms of delivery.
It is specified that the acknowledgement of receipt of the order will in no case serve as confirmation of the availability of the product or products ordered or validation of payment of the order.
Any order represents acceptance of the prices and descriptions of the Products and Services available at the time of sale.
An order is deemed to be made on the website and the General Terms of Sale and warranty accepted once the buyer has validated the payment. The buyer acknowledges that the data saved by PRCND and the secure payment provider constitute proof of the nature, content and date of the order.
At any time, you may download the general terms of sale applied to our order. They particularly include the cancellation policy and the right of access, rectification or withdrawal of personal information. You can reach us at 9101 Rue du Parcours, Anjou, Québec H1J 2Y1, telephone: 514-327-6734, in Canada: 1-800-263-2473, email@example.com, Monday to Friday from 8:30 a.m. To 12:30 p.m. and from 1:30 p.m. to 4:30 p.m. except on statutory holidays.
Mandatory checkoff of the General Terms of Sale and Warranty for validation of their approval by the Customer and clicking to proceed with payment via the secure payment site constitute an electronic signature that has the same value as a handwritten signature, and an irrevocable acceptance without reservation of the order and its terms by the buyer.
The sale will be considered final only after the sending to the buyer of the order confirmation by PRCND and receipt by PRCND of the price in full.
In case of default of payment, and/or a wrong Customer address, and/or any other problem inherent in the Customer's account, PRCND reserves the right to block the Customer’s order until resolution of the problem.
PRCND also reserves the right to cancel any order of a buyer with whom a dispute exists prior to payment or for any other legitimate reason, particularly regarding the abnormality of the order (high amount, particularly greater than $300 AT). In case of doubt, PRCND reserves the right to ask the Customer to communicate to it by fax or email a copy of a piece of identity and/or proof of domicile.
For the tracking of the order in progress, Customers may consult their inbox, or an email will be sent automatically at each order processing step, or consult the customer account, under the “My account” heading, and track these same indications. The Customer may also contact Perron Rigot Canada directly via the contact information communicated under the “Contact” heading of the Site.
ARTICLE 7 -AVAILABILITY OF PRODUCTS
The products proposed on the site are valid only within the limit of the available inventories. The Customer may not select a product known in advance to be unavailable. The mention “out of stock” is displayed on the Site in case of temporary unavailability of the product. In case of unavailability of one or more Product(s) subsequent to the placement of the order and within eight (8) days following the order date, the Customer will be alerted by email and/or by phone of the possibility of partial delivery of the order, the forecast date of availability of the missing product(s), or the possibility of cancellation of the order. The Customer may choose to:
- Maintain the order pending delivery of the unavailable product,
- Or request partial cancellation of the order,
- Or request cancellation of the order in its entirety.
The Customer then has a 14-day withdrawal deadline to request the total or partial cancellation of the order. In default of the Customer’s decision within the deadline, partial delivery of the products will be done, and then delivery of the remainder once they are available.
If payment is already made, PRCND will proceed with a partial refund (in case of partial delivery) or a total refund (in case of total cancellation) within 30 days, on the following terms:
- If the payment was made by credit card, the refund will be made via the website, on the same card as the one used upon payment.
For any question related to tracking of an order, the Customer may contact Customer Service:
- by phone at 514-327-6734. Monday to Friday from 8 a.m. to 4:30 p.m., except during PRCND closing periods, which will be duly specified on the Site;
- or by email: firstname.lastname@example.org
ARTICLE 8 -TERMS OF PAYMENT
Payment of purchases on the Site is done essentially in Canadian dollars.
The Customer's order is validated imperatively by the Customer's payment, payable at the time of the order. The Customer may pay for the order:
- by credit card. The only payment cards accepted on the Site are: Visa or MasterCard
The Customer's account will be debited for the total amount of the products including taxes, at the time of validation of the order. Proof of payment is addressed to the Customer by email.
However, PRCND reserves the right to suspend the order and any delivery in case of refusal of authorization of payment by bank card on the part of the accredited organization or in case of non-payment. PRCND also reserves the right to suspend the order in process if a dispute of payment or of any other nature on a previous order of the Customer is in the process of administration.
PRCND implements all the means to ensure the confidentiality and security of the data transmitted on the web. On this basis, the Site uses an SSL (Secure Socket Layer) secure payment module commercialized by STRIPE, such that the information transmitted is encrypted by software and no third party can know it during transmission on the network.
The payments made by the Customer will be considered final only after final receipt by PRCND of the amounts owed by the Customer.
PRCND cannot be held liable for any misappropriation or fraudulent use of any means of payment that was not detected by the audit procedure. Every buyer guarantees to THALGO that they have the necessary authorizations to use the payment method they will have chosen for their order. Moreover, Customers are invited, upon recognition of fraudulent use of their means of payment, to contact Customer Service
- by phone at: 514-327-6734. Monday to Friday from 8 a.m. to 4:30 p.m., except during PRCND closing periods, which will be duly specified on the Site;
- by email: email@example.com
ARTICLE 9 -PROOF OF TRANSACTION
The computerized registers, stored in PRCND’s computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments made between the Parties. Orders and invoices are archived on a durable and reliable medium that can be produced as evidence.
Within a period of 15 days or less, you receive a copy of the transaction invoice.
ARTICLE 10 -TERMS OF DELIVERY
Delivery means the transfer of physical possession and control of the Product to the Customer. It is achieved only after confirmation of the payment by PRCND’s banking organization.
Once saved, the order will be delivered to the address that will have been indicated by the Customer. PRCND may not be held liable for an absence of delivery to the Customer if the address indicated is erroneous or incomplete. Customers thus are responsible for the accuracy of their billing and delivery addresses. Any package thus returned to PRCND due to an erroneous or incomplete delivery address will be resent at the Customer's expense.
The Customer may obtain the sending of an invoice to the billing address and not to the delivery address, by checking the option provided for this purpose during validation of the order.
No delivery is made to campgrounds, hotels, general delivery, post office boxes, etc.
For a delivery to the Customer’s domicile in Québec, the delivery period is 4 to 7 days effective from the day after the date the Customer placed the order (48 hours of order preparation followed by the carriers’ routing period, except in case of force majeure or during eventual closing periods of the online shop, which are announced on the homepage, and within the limits of the available inventories).
In case of non-compliance with the agreed delivery date or period, the Customer may enjoin PRCND in writing to execute the delivery within a reasonable period, which may not exceed 15 days effective from the order.
If the delivery period exceeds 15 days effective from the date of validation of the order, the contract of sale may be rescinded and the order cancelled by the Customer in writing by email to the address of PRCND's registered office, or by email to firstname.lastname@example.org.
The contract will be considered rescinded upon receipt by PRCND of the writing informing it of this rescinding, except if PRCND has performed in the meantime.
When the contract is rescinded, PRCND has a period of 14 days following the date when the contract was terminated to refund to the buyer the totality of the amounts disbursed by the Customer.
By exception, the Customer accepts that the delivery period be postponed during PRCND’s closing periods. For this, the Customer will be informed in advance on the Site of the closing periods that may cause an extension or postponement of the delivery period. In this case, the Customer may:
- either confirm the order and accept without reservation the date when the order will be actually prepared and then shipped,
- or wait for the date of resumption of PRCND’s activity to place the order.
For routing of its deliveries, PRCND uses the services of different carriers depending on the region or the number of products in the order,
- Canada Post for a direct delivery to the Customer’s domicile or the address of the Customer's choice. In case of the Customer’s absence on the day of the delivery, the delivery person will leave a non-delivery notice in the mailbox, which will allow the Customer to pick up the package at the place and during the period indicated. PRCNDcannot be held liable for the absence or loss of said non-delivery notice.
At the time of the order, the Customer may choose one of the delivery methods.The rate will be calculated according to the delivery address and the weight of the order Delivery charges are offered for any order exceeding $70 before taxes or in case of ad hoc promotional offers indicated on the Site.
Regardless of the chosen delivery method, the Customer must sign the delivery slip to validate receipt of the package and thus may inspect the condition of the package and the products upon receipt.
If, at the time of delivery, the package is damaged, torn or open, the Customer must verify the condition of the Products. If they are damaged, the Customer imperatively must refuse the package and note the following reservation on the delivery slip: “Package refused, because open or damaged”.
The Customer must indicate on the delivery slip, in the form of handwritten reservations, accompanied by the Customer’s signature, any anomaly that concerns the delivery as such, and non-exhaustively, the damage, the missing Products in relation to the delivery slip, the damaged package, the broken Products, etc. Customers must also communicate their reservations and the incidents they recognized to PRCND Customer Service within a period of five (5) business days effective from receipt of the order.
When the Customer, or any person authorized by the Customer, has signed the delivery slip, the package is deemed to have been inspected.
If the package shows no apparent anomaly and the Customer recognizes that the products are damaged, missing or non-compliant at the time the package is opened, the Customer then has a withdrawal period of 14 days effective from receipt of the order, to the address indicated in the GTS. For this purpose, the Customer has a claim form attached to these General Terms of Sale.
If the Products need to be returned to PRCND, they must be covered by a request for withdrawal to PRCND, within 14 days of the delivery date, and be returned no later than 14 business days after the request. Moreover, the return of Products will be accepted by PRCND only in their original condition (packaging, accessories, notice), if and only if they have not been unsealed by the Customer. Products are returned at the Customer’s expense.
ARTICLE 11 – RIGHT OF WITHDRAWAL
If the products received are damaged, or non-compliant with the order or the Customer's expectations, the Customer has a withdrawal period of fourteen (14) days effective from delivery of the orders. When the period of fourteen (14) days expires on a Saturday, a Sunday or a statutory holiday or a non-working day, it is extended to the next business day. Within this period, the Customer must inform Perron RIgot Canada of the decision to withdraw by using the withdrawal form attached to this General Terms of Sale or by sending a notice by mail or email to the contact information indicated on the Site or in these General Terms of Sale.
The Customer then has a period of 14 clear days effective from the date of the formal request for withdrawal to return the products to Perron Rigot Canada, 9101 Rue du Parcours, Anjou, Québec, H1J 2Y1, in their original condition (packaging, accessories, notice), if and not if they were not unsealed by the Customer. The return shipping costs of the package remain at the Customer‘s expense.
The Customer will have the choice of exchanging the returned products, or being refunded the amount paid for the returned products.
The product exchange or the refund of the amounts disbursed will occur no later than a period of 14 days, effective from the date of receipt of the returned products or receipt of the proof of return shipping, the chosen date being the date of the first of these facts. Beyond this date, the amount due, as of right, generates interest at the legal rate in force.
The shipping charges and the return charges will not be refunded and will remain at the Customer's expense, except if the products are returned, because they do not correspond to the Customer's order (reference error) or if they were damaged during shipping and were the subject of a reservation by the Customer upon their receipt. In these cases, and on condition that the non-compliant and/or damaged products were not unsealed by the Customer, the shipping charges of the initial order and the return charges will be refunded in full to the Customer.
If the Customer opts for an exchange of the returned products, PRCND will assign an exchange number for the product(s) concerned and communicate it by email to the Customer. A Product may be exchanged only after the exchange number is assigned.
In case of an exchange error, any Product to be exchanged or refunded must be returned to PRCND in its entirety and in its original packaging, by Canada Post, to the following address: Perron Rigot Canada, 9101 Rue du Parcours, Anjou, Québec, H1J 2Y1. The return charges are at PRCND’s expense.
Any product unsealed by the Customer before its return to PRCND will be considered as already used by the Customer and, accordingly, may not be the subject of any exchange or refund, except if a quality problem is revealed in the product contained in the packaging. In this case, PRCND will diligently perform all the necessary analyses and take over all of the charges remaining at the Customer’s expense, and the product's non-compliance will be PRCND's responsibility.
For any additional information on the extent, the content and the instructions regarding the exercise of this right, the Customer may contact PRCND Customer Service at the following contact information:
- telephone number: 514-327-6734
- email address: email@example.com.
ARTICLE 13 – ABSENCES OR LIMITED LIABILITY
PRCND invests considerable efforts in the preparation of its website and its quality control in order to offer reliable information. However, PRCND does not offer any warranty and does not attest to the reliability, integrity or accuracy of the content of the Site or its operation. The user assumes all responsibilities and risks relating to the use of the website. The service is offered without any warranty or representation of any kind.
PRCND specifically disclaims any warranty (1) confirming that the information offered on the Site is available without interruption or without error; (2) mentioning that the information, [...] or other documents accessible do not contain viruses or other destructive components, and (3) regarding the integrity or use of the information or processes disseminated on the website.
PRCND assumes no legal liability for damages that may be claimed due to the loss of use of data or a profit or any other damages.
PRCND cannot be held liable for the non-execution of the contract made in case of force majeure, such as a total or partial disruption or strike, particularly of the postal services, means transportation and/or communications.
Orders intended for minors must be placed by the holder of parental authority. In case of accidental collection of nominative data relating to a minor, the holder of parental authority has the capacity to oppose its retention and/or transmission to third parties.
PRCND cannot be held liable for the inconveniences or damages inherent in the use of the Internet, particularly a service interruption, an external intrusion or the presence of computer viruses, or any fact qualified as force majeure, in accordance with the jurisprudence.
ARTICLE 14 - FORCE MAJEURE
Any circumstances beyond the control of the Parties, preventing the fulfilment under normal conditions of their obligations, are considered to be causes of exemption from the obligations of the Parties and lead to their suspension.
The Party invoking the circumstances concerned above must alert the other Party immediately regarding their occurrence and their disappearance.
Considered as cases of force majeure will be all irresistible facts or circumstances, external to the Parties, that are unforeseeable, unavoidable and beyond the control of the Parties that that cannot be prevented by the Parties despite all the efforts reasonably possible. Expressly considered as cases of force majeure are: blockage of the means of transportation or supply, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication services or difficulties specific to the telecommunications network external to the customers.
The Parties will have to communicate with each other to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts longer than three months, the contract may be terminated by the injured Party.
ARTICLE 15 -INTELLECTUAL PROPERTY
All the components of the Site, whether visual or sound (marks, drawings, models, logos, photographs, graphs and compilation), including the underlying technology, are the exclusive property of PRCND and its suppliers and providers, who not concede any licence or any other right than the right to consult the Site. This is a copyright recognized by law.
In accordance with the laws governing intellectual property, any reproduction or representation, complete or partial, of the Site or one of its component, is strictly prohibited, as well as their alteration.
No element contained on the website may be interpreted as giving the user permission to use the copyright, the registered trademarks, the patents or other intellectual property rights held by PRCND or its suppliers.
ARTICLE 16 - PERSONAL INFORMATION
Privacy protection is important to us. PRCND undertakes to apply the policy mentioned hereinafter for the collection, use and communication of personal information.
Personal information concerns a natural person and allows that person to be identified, regardless of the nature of its medium and the form in which it is accessible: written, graphic, sound, visual, computerized or other. Information on a business or a partnership is not personal information.
The user consents to the collection and use of personal information when placing an order or surfing a website.
A consumer may withdraw consent at any time with reasonable notice to PRCND. However, note that if you choose to withdraw your consent, it is possible that we will no longer be able to provide you with certain products and services. The company collects only the personal information necessary in the context of the business relationship we maintain with you. For example, it is possible that we collect information concerning you when you request a product or a service or you submit a question, a comment or a suggestion to us by phone or by email. It is also possible that personal information concerning you is collected in the context of our relationship with you if the collection is necessary to allow you to provide us with a continuous service.
As a general rule, we collect the personal information from you. However, we may also collect personal information concerning you from third parties with your consent or without your consent, if the law authorizes it.
Your personal information is used and communicated to identify you in order to establish and maintain our business relationship, provide a continuous service, improve our line of products and services, communicate with you when you submit a question, a comment or a suggestion, manage contests, prevent errors and fraud, or meet the requirements the law imposes on us. Your personal information will be little used for purposes other than those mentioned above unless we obtain your consent or in the cases and on the conditions provided by law.
Access to your personal information within our company does not require your consent, but it is strictly limited to the persons who need the information for the performance of their duties. Unauthorized access to or communication of personal information by an employee is strictly prohibited and will results in administrative and disciplinary measures.
In general, the exchange of personal information concerning you between the members of our affiliates does not require your consent, and if it is necessary to allow them to assist you in the context of the business relationship you maintain with us. We can also share your personal information, without your consent, with our agents, mandataries, consultants, data managers or other suppliers if this information is necessary for the performance of their mandate or their service contract. In all cases, the personal information concerning you will be used to provide specific services and will be kept confidential.
Note that if a third party to whom we send personal information concerning you operates in a foreign jurisdiction, the local legislation could allow third parties to have access to your personal information without your consent.
We have deployed a series of reasonable security measures in view of the sensitivity of the information, the purpose of its use, its quantity and its medium in order to protect your personal information against loss and theft, and against unauthorized consultation, communication, copying or use.
These administrative measures include policies concerning access to our facility, administrative and technological measures, such as use of passwords and antivirus software, which are updated continually. Regarding personal information concerning you, [it is retained] only for the period necessary to make the purchase for which it was collected to meet the legal requirements of retention and during the period necessary for the protection of our legitimate commercial interests.
You may request to consult or obtain a copy of your personal information held by us. You may also request that personal information be rectified if it is inaccurate, incomplete or equivocal or was obtained without legal authorization.
All questions relating to this policy or the collection, use and communication of personal information must be formulated in writing to the following address:
Perron Rigot Canada inc.
9101 Rue du Parcours
Anjou, Québec H2J 2Y1
We will respond to any request for access or rectification within 30 days of the date of receipt of the written request. In case of refusal to provide or correct information, we will provide you with the reasons in support of our refusal, subject to the restrictions provided by law, and we will inform you of your recourses.
Customers are informed that they may choose at any time not to receive commercial messages by clicking on the subscription function appearing at the bottom of each email.
Our policy concerning personal information may be amended at any time. Any change made will appear on the website. We recommend that you print a copy of our above-mentioned policy for your records.
ARTICLE 17 - HYPERTEXT LINKS (LINKS TO THIRD-PARTY WEBSITES)
A Customer who has a personal website or who wishes to place a simple link for personal use on that site, referring directly to the Site’s homepage or to any other pages, must request authorization from PRCND. On the other hand, any hypertext link referring to the Site and using the framing or in-line linking technique, is formally prohibited. In all cases, any link even tacitly authorized, must be withdrawn at Perron Rigot Canada’s simple request.
The Site may contain hypertext links to other websites. PRCND may be held liable if the content appearing on its website contravenes the legal and regulatory provisions in force.
The presence of references to a hypertext link does not necessarily constitute recommendation or authorization by PRCND. The company assumes no responsibility for the quality of the products and services offered by the other websites specified on our Site.
ARTICLE 18 - PARTIAL NON-VALIDATION
If one or more stipulation(s) of the General Terms of Sale is (are) held to be invalid or declared as such in application of a law or a regulation or following a final decision of relevant jurisdiction, the other stipulations will retain their full force and scope.
ARTICLE 19 - NON WAIVER
ARTICLE 20 - HEADING
In case of difficulty of interpretation between any of the headings appearing at the head of the clauses and any of the clauses, the headings will be declared nonexistent.
ARTICLE 21 – LEGISLATION
Any claim is governed by the applicable laws in the Province of Québec and in Canada.
ARTICLE 22 – RULES OF CONDUCT
It is forbidden to transmit writings or material on the website that infringe the reputation and privacy of a person, or contravene the law or the protection of intellectual property.
APPENDIX 1 - WITHDRAWAL FORM
To the attention of Perron Rigot Canada, 9101 Rue du Parcours, Anjou, Québec, H1J 2Y1, having its electronic address at firstname.lastname@example.org
I hereby notify you of my withdrawal from the contract pertaining to the sale of products and/or provision of services:
Signature: (If notification on paper)
Once the form is completed, address it by email to email@example.com or by mail to Perron Rigot Canada, 9101 Rue du Parcours, Anjou, Québec, H1J 2Y1