2 Permission to use the web site
You may use the Website only if you have reached the age of majority where you live and you can form legally binding contracts under applicable law. You may not use the Website if you live in a jurisdiction where access to or use of the Website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Website is lawful, and you must comply with all applicable laws. Les Jardins de Métis Inc. reserves the right to request proof of identification and age. Les Jardins de Métis Inc. ships products to addresses in Canada, United-States and international destination.
3 Changes to this agreement
Les Jardins de Métis Inc.may, in its sole discretion, change this Agreement from time to time as it relates to future use of the Website, by posting a revised Agreement on the Website. By using the Website after this revised Agreement has been posted, you signify your acceptance and agreement to be bound by the revised Agreement. You may not change this Agreement in any manner.
4 Ownership and permitted use of the web site
The Website (including all content, page headers, custom graphics, button icons, and scripts and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through the Website) is the property of Les Jardins de Métis Inc. and others, and is protected by Canadian and international copyright, trademark and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content. The Website is made available to you for your lawful, personal use only. You may use the Website only in the manner described expressly in this Agreement and subject to all applicable laws. Using the Website for any other purpose or in any other manner is strictly prohibited.
You may print Website pages provided that you do not modify any of the pages and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Les Jardins de Métis Inc.. You may not sell or resell any part of the Website or access to the Website. You may not use any of the software that is used in the operation or provision of the Website except while you are using the Website in accordance with this Agreement.
5 Misprints and errors, product availability and prices
Les Jardins de Métis Inc.endeavors to provide current and accurate information on the Website. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. Les Jardins de Métis Inc. cannot guarantee that products and services advertised on the Website will be available when ordered or thereafter. Les Jardins de Métis Inc. does not warrant that the content of the Website including, without limitation, product descriptions or photographs, is accurate or complete.
Les Jardins de Métis Inc.reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available for sale on the Website, the prices, fees, charges and specifications of such products and services, any promotional offers and any other Website content without any notice or liability to you or any other person; (c) reject, correct, cancel or terminate any order, including accepted orders for any reason and (d) limit quantities available for sale or sold.
The advertisements on the Website are invitations to you to make offers to purchase products and services on the Website and are not offer to sell. All prices and other amounts are in Canadian dollars.
6 Trade-mark information
Les Jardins de Métis Inc., Les Jardins de Métis Inc.'s logo, and other names and logos appearing on or in connection with Website (the "Marks") are registered or unregistered trademarks, service marks, trade names and logos owned or licensed by Les Jardins de Métis Inc. or their respective owners or licensees.
Any use of the Marks, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Website or elsewhere shall be construed as granting, by implication, or otherwise, any license or right to use any of the Marks.
7 No linking, framing mirroring, scraping, data-mining or postings
Links to the Website without the express written permission of Les Jardins de Métis Inc. are strictly prohibited. To request permission to link to the Website, please send an email to firstname.lastname@example.org. Les Jardins de Métis Inc. may in its discretion cancel and revoke any permission it may give to link to the Website at any time and without any notice or liability. The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any means is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications, or any other data of any kind to or on the Website with the intention that such postings may be viewed by other users of the Website.
8 Login names and passwords
Certain areas and features of the Website are accessible only to users who have been issued a login name and password (collectively "Codes") by Les Jardins de Métis Inc.. For the purposes of accessing the Website, the Codes remain the property of Les Jardins de Métis Inc. and may be cancelled or suspended at any time by Les Jardins de Métis Inc. in its discretion without any notice or liability to you or any other person.
Les Jardins de Métis Inc.is not under any obligation to verify the actual identity or authority of any person using Codes to access and use the Website. Les Jardins de Métis Inc. may act upon any communication that is given with the use of Codes. Les Jardins de Métis Inc. may in its discretion at any time require proof of the identity of any person seeking to access and use the Website, and may deny access to and use of the Website or parts of it or refuse to accept or act upon any communication if Les Jardins de Métis Inc. is not satisfied with such proof.
If you have been issued Codes: (a) you are fully responsible and liable for the security of the Codes and any and all use and misuse of the Codes; (b) you will keep the Codes secure and confidential at all times and not disclose the Codes to any other person or permit any other person to use the Codes; (c) you will ensure that all uses of the Codes comply with this Agreement; (d) once you have logged-on to the Website using the Codes, you will not leave the computer terminal used to access the Website unless and until you have terminated the session and logged-off the Website; and (e) you will immediately notify Les Jardins de Métis Inc. by telephone (418)-775-2222 or email to: email@example.com if you know or suspect that any Codes have been lost or stolen or become known to or used by any other person.
9 Software agreements
Les Jardins de Métis Inc.may cause software to be available for you to download from the Website or through other Websites and Internet resources. The software is protected by copyright, and your downloading and use of the software is governed by the applicable transaction agreement and the Software Licence Agreement specific to the software. By downloading software, you signify your agreement and acceptance of the applicable transaction agreement and Software Licence Agreement.
From time to time Les Jardins de Métis Inc. may make contests available to users of the Website and others. All contests are governed by this Agreement and the applicable Contest Rules. By participating in a contest through the Website, you signify your agreement and acceptance of this Agreement and the applicable Contest Rules.
11 Unsolicited submissions
In order to avoid potential misunderstandings or disputes, Les Jardins de Métis Inc. does not accept or consider unsolicited ideas or suggestions ("Submissions"). If you send Submissions to Les Jardins de Métis Inc. or the Website, you automatically grant (or warrant that the owner of the Submissions grants) to Les Jardins de Métis Inc. and its successors, assigns and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use and exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Les Jardins de Métis Inc. or its successors, assigns and licensees, and you agree, represent and warrant that all moral rights in the Submissions are waived in favor of Les Jardins de Métis Inc. and its successors, assigns and licensees.
12 Your information
All information you provide through the Website, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete. Les Jardins de Métis Inc. will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Les Jardins de Métis Inc. or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.
13 Disclaimers, liability exclusions/limitations and indemnity
Your access to and use of the website is at your own risk. The website is provided on an "as is" and "as available" basis, without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied representations, warranties or conditions of or relating to accuracy, accessibility, fitness for a particular purpose, merchantability, performance or durability, all of which are disclaimed by Les Jardins de Métis Inc. to the fullest extent permitted by law.
13.2 Liability exclusions
Les Jardins de Métis Inc.and its providers will never be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to the website or this agreement including but not limited to loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Les Jardins de Métis Inc. or any person for whom Les Jardins de Métis Inc. is responsible, and even if Les Jardins de Métis Inc. has been advised of the possibility of such loss or damage being incurred.
13.3 Acknowledgement and exclusion by statue in certain jurisdictions
The exclusion of certain warranties and the limitation of certain liabilities are prohibited in some jurisdictions. These statutory prohibitions may apply to you.
14 Personal information privacy
We are committed to letting you know how we use your personal information. Unless you expressly authorize us to do otherwise, we will ensure that the privacy of the personal information that you provide us will be protected and not disclosed to any third parties. It's possible that these information may be used to send Les Jardins de Métis Inc. promotions but it will always be possible to unsubscribe.
15 Exchanging or returning products purchased
If for any reason you are not completely satisfied with your purchases, Les Jardins de Métis Inc. will gladly refund you or exchange products. Simply contact us (firstname.lastname@example.org) within 15 days after reception of products to get a return authorization number. Products must be in its original condition and packaging (including all manuals & accessories). There will be a nominal charge for missing packaging, accessories or manuals. The Les Jardins de Métis Inc. responsibility is limited to the amount of purchased products and excludes shipping. Customer will handle shipping charges to return purchased products. Refund will be made as soon as returned products will be received.
Les Jardins de Métis Inc. warranty is limited to the exchanging/returning period explained in 15. When this period is ended, your are responsible to contact manufacturer directly to have support for purchased products.
17 Other sites/resources
For your convenience, the Website may include links or references to other Internet sites or resources and businesses operated by other persons (collectively "Other Sites"). Other Sites are independent from Les Jardins de Métis Inc., and Les Jardins de Métis Inc. has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Les Jardins de Métis Inc. does not sponsor or endorse Other Sites or their business, goods, services, or content, unless expressly indicated in writing. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you will not make any claim against Les Jardins de Métis Inc. arising from, connected with, or relating to your use of Other Sites or your dealings with the owners or operators of Other Sites. As between you and Les Jardins de Métis Inc., this Agreement, with all necessary modifications, applies to your access and use of any Other Sites and their business, goods, services and content.
Not withstanding any other provision of this Agreement, Les Jardins de Métis Inc. may in its discretion change, discontinue, modify, restrict, suspend or terminate the Website or any part of it without any notice or liability to you or any other person. Les Jardins de Métis Inc. may in its discretion and for its convenience at any time immediately terminate, temporarily or permanently, this Agreement or your permission to access and use the Website without any notice or liability to you or any other person.
If this Agreement or your permission to access or use all or any part of the Website is terminated for any reason, then this Agreement and all other then existing agreements between you and Les Jardins de Métis Inc. will continue to apply and be binding upon you regarding your prior access to and use of the Website, and anything connected with, relating to or arising therefrom.
19 Governing law and dispute resolution
This Agreement, your access to and use of the Website, and all related matters are governed solely by the laws of Québec, Canada and applicable federal laws of Canada (and in the case of use of the Website in Quebec by residents of Quebec, by the laws of Quebec and the applicable federal laws of Canada). Any dispute between you and Les Jardins de Métis Inc. or any other person arising from, connected with or relating to the Website, this Agreement, or any related matters (collectively "Disputes") will be resolved before the Courts of Québec, sitting in the city of Saint-Jean-sur-Richelieu, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes.
20 Other matters
If any provision of this Agreement is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from this Agreement and the remaining provisions will continue in full force and effect.
This Agreement ensures to the benefit of and is binding upon each of Les Jardins de Métis Inc. and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign this Agreement or the rights and obligations under this Agreement. Les Jardins de Métis Inc. may assign this Agreement and its rights and obligations under this Agreement without your consent.
No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties.
The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language.
Any rights not expressly granted by this Agreement are reserved to Les Jardins de Métis Inc..
You may contact Les Jardins de Métis Inc. by phone, email, or postal mail:
Les Jardins de Métis Inc.
200, route 132
Phone : (418) 775-2222
Fax : (418) 775-6201