FrançaisLast Updated Date: 05/01/2024
The following General Terms and Conditions of Sale (hereinafter "GTC") define the terms and conditions of a distance selling contract via the online store located at HTTPS://PERGOLA-OMBREA.CA/,
BETWEEN
Any person making a purchase via the website: HTTPS://PERGOLA-OMBREA.CA/ (hereinafter the "Customer"), AND COMINTES INC. (hereinafter the "Seller").
ARTICLE 1 - PURPOSE AND SCOPE OF APPLICATION
These General Terms and Conditions of Sale apply exclusively to the remote sale of Products by the Seller via its online store for Customers located in Quebec and Canada. They define the rights and obligations of the Seller and the Customer. By placing an order, the Customer acknowledges having read and accepted the GTC in force without reservation. If the Customer does not accept these GTC, the order cannot be validated.
The GTC states the rights and obligations of the Seller and the Customer (hereinafter commonly referred to as "Parties") in the context of an order placed by the Customer via the Seller's online store, without prejudice to the application of the provisions of the Quebec Consumer Protection Act and applicable Canadian federal law to the Customer as a Consumer. By placing an order on the Seller's online store, the Customer acknowledges having read and accepted these GTC. The GTC in force at the time of the Customer's order on the online store are deemed accepted without reservation by the Customer. If the Customer renounces the acceptance of these GTC, the order is deemed null.
The Seller reserves the right to modify or update these GTC, which is why the Seller strongly recommends that its Customers systematically reread the GTC before placing any order on the online store. The last updated date of these GTC is highlighted at the top of this page in bold.
The GTC do not apply in cases where:
- The Customer places an order on the online store as a natural person or legal entity for professional purposes.
- The Customer places an order on the online store as a Professional, which excludes the application of the Quebec Consumer Protection Act and similar provisions of Canadian federal law, reserved for consumers.
ARTICLE 2 - ORDER
To place an order via the online store, the Customer must follow these steps:
1. Visit the store at the address: HTTPS://PERGOLA-OMBREA.CA/
2. Select the desired Products and options, if applicable
3. Fill in payment and delivery information
4. Validate the order verification step indicating the price to be paid and the terms of delivery of the order
5. Follow the payment instructions
Once the order placement steps have been finalized via the online store, the Customer will receive an email confirmation of the order acceptance from the Seller. If no order confirmation is received from the Seller, the distance selling contract is deemed null, and the Customer is assured that no sum of money is deducted for the payment of this order, or if the payment has already taken place, the Customer is assured that the total amount paid for this order is refunded.
ARTICLE 5 - PAYMENT
Payment is due in Canadian dollars (CAD) and includes all applicable taxes such as GST and QST. Accepted methods of payment are: credit card via a secure gateway, PayPal, and bank transfer. The Seller reserves the right to refuse an order if the payment information is incomplete or if doubts remain regarding the validity of the payment.
ARTICLE 9 - RIGHT OF WITHDRAWAL
In accordance with the legislation of the Office de la protection du consommateur du Québec, the Customer has a period of seven (7) calendar days from the receipt of the product to exercise their right of withdrawal without penalty and without giving any reason. The return of products is at the Customer's expense. The refund will be made within fourteen (14) days following the receipt of the returned products by the Seller.
ARTICLE 10 - WARRANTIES
The products sold benefit from the legal warranty of conformity and the warranty against hidden defects, in accordance with the provisions of Quebec and Canadian laws. In the event of non-conformity of a sold product, it may be returned and refunded or exchanged. The Customer has two years from the discovery of the defect to assert their rights.
ARTICLE 13 - PARTIAL INVALIDITY
If one or more stipulations of these GTC are held to be invalid or declared as such under a law, a regulation or following a final decision of a competent court, the other stipulations will retain their full force and scope.
ARTICLE 14 - APPLICABLE LAW AND JURISDICTIONAL COMPETENCE
These GTC are governed by the law applicable in Quebec. In case of dispute, an attempt at amicable resolution will be favored. If no amicable resolution is reached, the dispute may be submitted to the competent courts of Quebec.