Terms and conditions of website use license
By accessing BOUTIQUE DE NOËL’s (“Boutique de Noël”, “us”) website, https://www.boutiquedenoel.ca/ (the “website”), you (“you”, the “user”, “users”) accept the website’s terms and conditions of use (“terms and conditions”) stated below and acknowledge that you are bound by them. By browsing the website or by clicking any of the hyperlinks contained on the website, you confirm your acceptance of the terms and conditions listed herein and your understanding of their scope is presumed.
If you do not accept any of the terms and conditions expressed herein, please immediately leave the website and end your session.
BOUTIQUE DE NOËL reserves the right to amend said terms and conditions at any time without prior warning. By using the website following the posting of amended terms and conditions, you automatically confirm your acceptance of the revised terms and conditions. We therefore invite you to periodically consult the terms and conditions.
1. Using the Website and Accepting the Terms and Conditions of Use
This website is exclusively destined for current and/or future customers of BOUTIQUE DE NOËL who reside in Canada. No purchases or delivery of products appearing on the website can be made outside of Canada. Some specific restrictions and conditions may apply to certain provinces or territories.
2. Limited Licence of Use
For the purposes of browsing the website, BOUTIQUE DE NOËL grants the user a limited licence solely for personal, non-commercial purposes, enabling them to display on their device or print, download and use the HTML embedded in the website, as well as the texts, audio clips, video clips and any other content they may access on the website, in accordance with the following conditions:
a) that they do not amend the content, and;
b) that they include a copyright notice on any reproduction of the website’s content, in accordance with this limited licence (e.g. © BOUTIQUE DE NOËL, 2022).
The use of BOUTIQUE DE NOËL’s intellectual property rights in any way will not be tolerated, other than in the manner previously mentioned, unless prior written consent has been provided by BOUTIQUE DE NOËL. To obtain consent, users are invited to contact, if necessary, BOUTIQUE DE NOËL’s website administrator at the address listed in the Notice and Communication section.
Without limiting the generality of the foregoing, website users must not use computing techniques or processes intended to or enabling the reproduction, download, transfer, forwarding, distribution, division, sale, publishing, amendment or any other use, in part or in whole, of BOUTIQUE DE NOËL’s website content, that is in violation of the Copyright Act, applicable international copyright conventions, or any other law, in particular by using techniques such as deep links and framing.
Furthermore, to enable website browsing and online transactions, BOUTIQUE DE NOËL may allow users to download software and/or computer applications from the website or other internet resources. Said software and/or computer applications are copyright protected. Their download and use are governed by the specific licence agreements for said software and/or computer applications. When you download software or a computer application, you confirm your acceptance of the terms and conditions of the software/computer application licence agreement.
3. Terms of Sale
BOUTIQUE DE NOËL provides users the opportunity to make purchases on the website through a monetary exchange. We would advise you to carefully read the terms of sale that govern sales made on the website by clicking the following link: Terms of Sale.
4. Accuracy of Information and Product Availability
BOUTIQUE DE NOËL has designed this website primarily for information, advertising and transactional purposes. Although BOUTIQUE DE NOËL takes care when compiling the information contained on the website, it is possible that some information may be incorrect, inaccurate or incomplete. It is also possible that the information contained on the website may become outdated.
Furthermore, the BOUTIQUE DE NOËL website meets certain computing, technical, graphic and typographic standards. Under no circumstances will BOUTIQUE DE NOËL be held responsible for any prejudice and damages, direct or indirect, resulting from the malfunction of the user’s personal computer, server or any device or program, for the loss of data, or any other malfunction or technical problem encountered by the user when browsing the website.
In the event that the user notices mistakes or inaccuracies in the content of the website or experiences technical difficulties when using the website, they agree to notify the website administrator without delay at the address indicated in the Notice and Communication section.
Without limiting the generality of the foregoing, BOUTIQUE DE NOËL does not offer any guarantee regarding the description and/or illustrations of products for sale on the website, said descriptions and/or illustrations are provided for information purposes only. INFORMATION APPEARING ON THE WEBSITE ABOUT PRODUCTS, PRICES AND AVAILABILITY MAY CHANGE AT ANY TIME WITHOUT PRIOR NOTICE AND WILL NOT BE GROUNDS FOR LIABILITY FOR BOUTIQUE DE NOËL. Thus, some product models and colours may not be available at certain times and BOUTIQUE DE NOËL cannot be held liable.
5. Intellectual Property
Notwithstanding works used under licence or hyperlinks displayed on the website, BOUTIQUE DE NOËL is the sole holder of intellectual property rights for the content of the website, including, in particular, the articles, texts, photographs, images, illustrations, audio clips, video clips, user interface, data and databases.
Without limiting the generality of the foregoing, BOUTIQUE DE NOËL is the sole holder of trademarks used on the website, if this is not the case, the trademarks are the property of their respective holders. The trademarks appearing on the website cannot be used under any circumstances without the written authorization of their respective holders. Without limiting the generality of the foregoing, BOUTIQUE DE NOËL is the holder of the following trademarks in particular: “BOUTIQUE DE NOËL” and its associated logos. Moreover, BOUTIQUE DE NOËL may also hold other trademarks including names, words, slogans, logos, drawings and designs that may be displayed on the website from time to time. The user agrees that they will not use one or several of the trademarks contained on the website without obtaining the prior written authorization of BOUTIQUE DE NOËL or the trademark’s respective holder.
When BOUTIQUE DE NOËL displays a third-party trademark on the website in a hyperlink or otherwise, this will not constitute use of the trademark as defined in the Trademarks Act and/or constitute a representation of BOUTIQUE DE NOËL whereby it is affiliated or associated with the trademark holder.
BOUTIQUE DE NOËL’s website may contain hyperlinks that redirect users to external websites belonging to third parties which are hosted on servers in another country to BOUTIQUE DE NOËL’s servers. By clicking on said hyperlinks, users acknowledge that they are automatically leaving the limits of BOUTIQUE DE NOËL’s website. Clicking on hyperlinks to external websites must not be interpreted as being constitutive of any kind of affiliation or association linking BOUTIQUE DE NOËL to the holder of the rights to the external websites.
As BOUTIQUE DE NOËL cannot exercise any control over the content of external websites, it cannot be held responsible for any prejudice or damages resulting, in particular, from any inaccuracies or non-compliance of the content of said websites. Users click on hyperlinks displayed on BOUTIQUE DE NOËL’s website at their own risk.
8. Communicating via Email or Electronic Means
BOUTIQUE DE NOËL may communicate with users via email or electronic means, in particular with those who have placed orders, transmitted requests for information, entered competitions, subscribed to its newsletters or followed BOUTIQUE DE NOËL’s social media accounts (e.g. Facebook or Instagram). These communications can be considered to be commercial electronic messages (“CEM”) as defined in Canada’s Anti-Spam Legislation (“CASL”) and its rules. Although BOUTIQUE DE NOËL may be exempt from requiring consent pursuant to CASL, its policy requires users to provide their explicit consent before it sends out any CEMs and provides users with the ability to unsubscribe to stop receiving CEMs from BOUTIQUE DE NOËL by clicking the unsubscribe link or by contacting the company at the address indicated in the Notice and Communication section. If you believe that you have received a CEM from BOUTIQUE DE NOËL which you should not have, please contact the person responsible at the address below and BOUTIQUE DE NOËL will take the reasonably necessary steps to quickly remedy the situation.
BOUTIQUE DE NOËL makes no representation or guarantee as to the good operating condition of the website, its fitness for purpose or the absence of mistakes or interruptions during its use. BOUTIQUE DE NOËL makes no representation or guarantee that the server hosting the website is or will be virus-free or free of any other harmful components. COMPONENTS OF THE WEBSITE ARE PROVIDED TO YOU “AS IS” AND WITHOUT ANY EXPRESSED OR IMPLIED WARRANTIES OF ANY KIND. BOUTIQUE DE NOËL AND ITS LICENSORS EXCLUDE ALL WARRANTIES AND CONDITIONS, WRITTEN OR VERBAL, LEGAL OR CONVENTIONAL, INCLUDING GUARANTEES FOR QUALITY, DURABILITY, ADEQUACY OR ADAPTATION FOR A PARTICULAR USE. The exclusions listed above supplement the specific exclusions stated in these terms and conditions of use. Some federal and provincial laws do not allow for the exclusion of certain guarantees, in this event the exclusions listed above do not apply in your case.
10. Children and Minors
The website and advertisements contained on the website are not intended for children or minors, e.g. those under 13 years of age. Purchases made through the website must be made using a credit card, this is to ensure that children and those under 13 years of age cannot make a transaction without giving valid consent. Children and minors are strictly forbidden from making purchases or transactions on the website.
Those under 13 years of age must be supervised by an adult (a person aged 18 and over) when using the website.
BOUTIQUE DE NOËL reserves the right, at its entire discretion and without prior warning, to cancel any transactions, purchases or orders, or to restrict a user’s access to the website, in the event that the user violates the terms and conditions of use, or where it is brought to BOUTIQUE DE NOËL’s attention that non-authorized transactions have been or may be made by or from the user’s account.
12. General Provisions
These terms and conditions of use are subject to the following general provisions:
12.1. Applicable Law
The terms and conditions of use contained herein and their interpretation, execution, validity and effect are subject to the laws of Quebec and applicable federal laws.
If one of the provisions contained herein is deemed invalid or unwritten, said provision alone will be removed from these terms and conditions, which will not affect the validity of the document as a whole.
Any disputes, disagreements or conflicts concerning the validity, interpretation, applicability or execution of one of the clauses or provisions contained herein will be subject to the final ruling of a sole arbitrator (who will constitute the “Arbitral Tribunal”), as follows: a party may, through a registered notice addressed to the other party, request that the disputed issue, which will be described in the notice, be subject to the arbitration of a sole arbitrator approved by all concerned parties. If the parties cannot agree on a choice of arbitrator within 15 days following the issue of the notice, the sole arbitrator will be named by a judge from the court of competent jurisdiction in the judicial district of Quebec. The arbitral ruling will be final, without possible appeal, and binding on all parties for all legal purposes and must be made in a timely manner. The fees and expenses of the sole arbitrator must be shared equally between the parties unless the arbitral tribunal decides, at its sole discretion, that it is just and fair to do otherwise. Said arbitration is subject to the provisions of the Civil Code of Quebec and the province of Quebec’s Code of Civil Procedure, provided that said provisions are not incompatible with the provisions listed above. Certain laws do not allow for the mandatory arbitration of disputes, therefore this provision may not apply in your case.
12.4. Injunctions and Specific Remedies
Notwithstanding the foregoing arbitration clause, BOUTIQUE DE NOËL reserves the right to request and obtain injunctions or provisional or interim measures from a court of competent jurisdiction in order to protect its trademarks, intellectual property rights or confidential information, or to maintain the status quo while waiting for the arbitral ruling.
12.5. Notice and Communications
Notices which are permitted under the provisions of these terms and conditions of use must be made in writing and will be considered as having been sufficiently given if sent by email or registered mail to the following address:
FAO: Customer Service
Boutique de Noël
47 rue de Buade, Québec, QC G1R 4A2
Email : firstname.lastname@example.org
12.6. Service Area
BOUTIQUE DE NOËL operates its website from Quebec city in the province of Quebec, Canada. BOUTIQUE DE NOËL makes no representation or guarantee that the products displayed on its website are available, appropriate or comply with the laws of all the provinces and territories of Canada. Individuals choosing to access the website from another province or territory do so of their own volition and are required to comply with applicable local laws in effect.