GENERAL TERMS AND CONDITIONS OF SALE AND USE
OVERVIEW
This website is operated by De Marque. On this site, the terms "we," "us" and "our" refer to De Marque. De Marque offers this website, including all information, tools and services available, to you, the user, subject to your acceptance of all of the terms, conditions, policies and notices found within.
By visiting this site and/or purchasing one of our products, you agree to our "Service" and agree to be bound by the following terms ("General Conditions of Sale," "General Terms and Conditions of Sale and Use," "Conditions"), including additional terms, conditions and policies referred to here and/or accessible by URL. These General Terms and Conditions of Sale and Use apply to all users of this site, including but not limited to users browsing the site who are sellers, customers, merchants, and/or content contributors.
Please read these General 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 General Terms and Conditions of Sale and Use. If you do not accept all the terms and conditions of this agreement, you must not access the website or make use of the services offered therein. If these General Terms and Conditions of Sale and Use are considered to be 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 to this store in the future 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 modifications on our website. It is your responsibility to check this page regularly to see if any changes have been made. Your continued use of the website or accessing it after the publication of any modification constitutes your acceptance of these modifications.
Our boutique is hosted on De Marque's servers. They provide us with the e-commerce platform to sell our products and services to you.
Article 1 - Conditions of Use of our Online Boutique
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 person of age you are responsible for to use this website.
The use of our products for any illegal or unauthorized purpose is prohibited, and you must not, in the context of the use of the Service, violate the laws within your jurisdiction (including but not limited to the laws relating to copyright).
You must not transmit computer worms, viruses or any other destructive code.
Any violation or infringement of these General Terms and Conditions of Sale and Use will result in the immediate termination of your Services.
Article 2 - General Conditions
We reserve the right to refuse access to services to any person at any time, for any reason.
You understand that your content (excluding your credit card information) may 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 expressed written consent from us.
The headings used in this agreement are included for your convenience, and will not limit or affect these Terms.
Article 3 - Accuracy, Completeness and Timeliness of the Information
We are not responsible if the information available on this site is not accurate, complete or timely. The content of this site is provided for information purposes only and should not be your single source of information for decision-making without first consulting more accurate, complete and timely sources of information. If you decide to trust the content presented on this site, you do so at your own risk.
This site may contain prior information. This prior information, by nature, is not timely and is provided for information purposes only. We reserve the right to modify the content of this site at any time, but we have no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.
Article 4 - Modifications To The Service and Pricing
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 and at any time.
We will not be liable to you or any other third party for any change in price, suspension or interruption of the Service.
Article 5 - Products or Services (where required)
Certain products or services may exclusively be available online on our website. These products or services may be available in limited quantities and may only be subject to returns or exchanges per our Return Policy.
We have done our best to display colours and images of our products that appear on our store as clearly as possible. We cannot guarantee that the colour display on your computer screen will be accurate.
We reserve the right, without being obligated to do so, to limit the sales of our products or services to any person, and in any 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 notice, at our sole discretion. We reserve the right to stop offering a product at any time. Any offer of service or product presented on this site is void where prohibited by law.
We do not guarantee that the quality of all products, services, information, or any other merchandise that you have obtained or purchased will meet your expectations, nor that any error in the Service will be corrected.
Article 6 - Billing and Account Information Accuracy
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 could 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 an order or if we cancel it, we may attempt to notify you by contacting you by e-mail and/or the 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 retailers, resellers or distributors.
You agree to provide up-to-date, complete and accurate delivery and account information for all orders placed through our store. 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 see our Return Policy.
Article 7 - Optional Tools
We may provide you with access to third-party tools over which we have no 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 approval. We will have no legal liability arising from or related to the use of these optional third-party tools.
If you use the optional tools offered on this site, you do so at your own risk and at your 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 features on our site (including new tools and 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
Certain content, products and services available through our Service may include material from third parties.
Links from third parties on this site may direct you to third-party websites that are not affiliated with us. We are under no obligation to review or assess the content or accuracy of these sites, and we do not guarantee or assume any responsibility for any content, website, product, service or other materials accessible on or from these third-party sites.
We are not responsible for any loss or damage related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with these third-party websites. Please read the third-party policies and practices carefully and make sure you understand them before committing to any transaction. Complaints, claims, concerns, or questions regarding the products of these third parties should be referred to those same third parties.
Article 9 - Comments, Suggestions and Other User Proposals
If at our request, you submit specific content (such as to participate in contests, for example), or if you send unsolicited creative ideas, suggestions, proposals, plans or other items, whether online, by email, by regular mail, or otherwise (collectively, "comments"), you grant us the right, at all times and without restriction, to edit, copy, publish, distribute, translate and otherwise use and in any media any comment you send to us. We are not and should not be required (1) to maintain the confidentiality of comments; (2) to pay compensation to anyone for any comments provided; (3) to respond to comments.
We may, but have no obligation to monitor, modify or delete content that we believe, at our sole discretion, to be illegal, 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 infringe on the rights of third parties, including copyrights, trademarks, privacy, personality, or other personal or property rights. You also agree that your comments will not contain illegal, defamatory, offensive or obscene content and that they will not contain computer viruses or other malicious code that could in any way affect the operation of the Service or any other associated website. You may not use a false email address, pretend to be someone that 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 as well as their accuracy. We do not assume any responsibility and decline any commitment for any comment which you post or that any other third party publishes.
Article - 10 - Personal Information
The submission of your personal information to our store is governed by our Privacy Policy. Click here to view our Privacy Policy.
Article 11 - Errors, Inaccuracies and Omissions
There may occasionally be information on our site or in the Service that may contain typos, inaccuracies or omissions which may relate to product descriptions, prices, promotions, offers, fees products, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or to cancel orders if any information in the Service or on any associated website is inaccurate at any time, and to do so without notice (including after you have placed your order).
We are not obliged to update, modify or clarify the information in the Service or on any other associated website, including, but not limited to, information on prices, unless required by law. No set date for updates or maintenance for the Service or any other associated website should be taken into account to conclude that the information in the Service or any other associated website has been modified or updated.
Article 12 - Prohibited Uses
In addition to the prohibitions set out 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 influence third parties to carry out or take part 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, mistreat, insult, hurt, defame, slander, disparage, intimidate or discriminate against anyone on the basis of sex, sexual orientation, religion, ethnicity, race, age, nationality, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that can or may be used to compromise the operation of the Service or any associated, independent, or Internet website; (h) to collect or track personal information of others; (i) to spam, phish, hijack a domain, obtain information, browse, explore or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to infringe 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 - Exclusion of Guarantees 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 could 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 point without notifying you in advance.
You expressly agree that your use of the Service, or your inability to use it, is at your sole risk. The Service and all products and services provided to you through the Service are (unless expressly stated to the contrary on our part) provided "as is" and "as available" for your use, without representation, without warranties and conditions of any kind, expressed or implied, including all implied warranties of marketing or marketability, applicability to a particular purpose, durability, title and non-infringement.
De Marque, our directors, managers, employees, affiliates, agents, contractors, trainees, suppliers, service providers and licensors can in no way be held responsible for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind whatsoever, including but not limited to loss of profits, income, savings, data, replacement costs or any similar damages, whether are contractual, tort (even in the case of negligence), strict liability or other, resulting from your use of any service or product originating from this Service, or as for any other claim related in any way whatsoever 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 warned of the possibility of it occurring. Because some states or jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, our liability will be limited to the maximum extent permitted by law.
Article 14 - Compensation
You agree to indemnify, defend and protect De Marque, our parent company, our subsidiaries, affiliates, partners, managers, managers, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, in regards for any claim or request, including reasonable attorney fees, made by any third party due to or arising from your violation of these General Terms and Conditions of Sale and Use or the documents to which they refer, or your violation of any law or the rights of a third party.
Article 15 - Severability
In the event that a provision of these General Terms and Conditions of Sale and Use is deemed to be illegal, void or unenforceable, this provision may nevertheless be applied to the fullest extent permitted by law, and the non-applicable part shall be considered as being severed from these General Terms and Conditions of Sale and Use. This severance should not affect the validity and applicability of all other remaining provisions.
Article 16 - Termination
The obligations and responsibilities incurred by the parties before the termination date will remain in effect 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 not. You can 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 judge, at our sole discretion, that you are failing, 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 notifying you in advance and you will remain responsible for all outstanding amounts due at the termination date (included), 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 any provision of these General Terms and Conditions of Sale and Use should not constitute a waiver of this right or this provision.
These General Terms and Conditions of Sale and Use or any other operating policy or rule that we publish on this site or in relation to the Service constitute the entire agreement and arrangement between you and us and govern your use of the Service, and replace all communications, proposals and all agreements, previous and contemporary, oral or written, between you and us (including, but not limited to any previous version of the General Terms and Conditions of Sale and Use).
Any ambiguity as to the interpretation of these General Terms and Conditions of Sale and Use should not be interpreted to the disadvantage of the drafting 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 you with Services, will be governed by and interpreted under the laws in force in Quebec, Canada.
Article 19 - Modifications 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 to our site. It is your responsibility to visit our site regularly to check if any changes have been made. Your continued access to or use of our site after the publication of any modifications to these General Terms and Conditions of Sale and Use constitutes your acceptance of these modifications.
Article 20 - Contact Information
Questions regarding the General Terms and Conditions of Sale and Use should be sent to info@demarque.com.