This agreement (the "Agreement") sets forth the terms and conditions that apply to the purchase of products and/or services (the "Products") from the BOPIED Group Inc. ("BOPIED") through the website www.bopied.com. BOPIED reserves the right to change these terms and conditions without notice and at its sole discretion. The terms "you" and "your" refer to the person purchasing Products through the www.bopied.com website.
PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THIS WEB SITE TO PURCHASE PRODUCTS ONLINE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND YOU REPRESENT THAT YOU ARE OF SUFFICIENT AGE TO ENTER INTO AND BE BOUND BY THIS AGREEMENT. THIS AGREEMENT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AND SETS FORTH THE LIMITATIONS AND EXCLUSIONS TO WHICH YOU MAY BE SUBJECT. IT ALSO CONTAINS A DISPUTE RESOLUTION CLAUSE, SET OUT IN SECTION 13. IT IS EXPLAINED IN MORE DETAIL IN SECTION 11 OF THIS AGREEMENT, UNLESS OTHERWISE SPECIFIED IN THIS AGREEMENT, BOPIED MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE PRODUCTS YOU PURCHASE THROUGH THIS WEBSITE AND BOPIED'S LIABILITY IS LIMITED IN ACCORDANCE WITH ARTICLE 11.
1. AUTHORIZATION TO USE ELECTRONIC DOCUMENTS
You hereby authorize the exchange of documents and information between you and BOPIED over the Internet or by electronic mail and you agree that this Agreement (together with any applicable order confirmation accepted by BOPIED as set forth in Section 3) in electronic form shall be equivalent to an original written agreement between you and BOPIED. You also agree that all agreements, notices, information and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
2. OTHER DOCUMENTS, AGREEMENTS AND POLICIES
Before submitting an order for Products through this website, you must first go through an order confirmation window (the "Order Confirmation") which, among other things, lists the Product(s) to be ordered, the purchase price and the applicable shipping charges and taxes. Subject to any provision to the contrary contained in the Consumer Protection Act applicable in Quebec, when you transmit your order (by clicking on the "Confirm Order" button), the order so transmitted constitutes an offer by you to BOPIED to purchase the Product(s) described in the Order Confirmation, based on the prices, other charges and other terms and conditions set forth in the Order Confirmation. An order is not binding on BOPIED until accepted by BOPIED. Acceptance of your order by BOPIED is evidenced by means of an email sent by BOPIED.
BOPIED reserves the right, at its discretion, to limit quantities, terminate accounts and refuse or cancel orders, including after an order has been submitted, even if the order has been confirmed and charged to your credit card. If your order is cancelled after your payment has been processed, you will receive a full refund from BOPIED.
All prices are in Canadian dollars. While BOPIED strives to provide accurate product information and pricing, there is always a risk of error. BOPIED reserves the right to correct inaccurate pricing and information and to change product prices at any time without notice. BOPIED cannot confirm the price of a product until your order has been transmitted. Without limiting the generality of Article 4, if the price or information relating to a product (as presented on the websitewww.bopied.com and/or in the order confirmation) is incorrect, BOPIED may, at its discretion, refuse or cancel your order before or after accepting it. If a price is incorrect, BOPIED will cancel your order together with the fees charged and will contact you to request that you place a new order at the correct price.
6. TERMS OF PAYMENT
The terms of payment shall be established by BOPIED, at its discretion. Payment will be made by credit card, unless another predetermined method of payment has been accepted by BOPIED. Payments by credit card must be approved by the financial institution that issued the credit card.
7. PRODUCT AVAILABILITY
The availability of certain products may be limited and products may not be delivered immediately. BOPIED may change or withdraw products at any time without notice. If an ordered product is unavailable, BOPIED will notify you by email and your order will be automatically cancelled with respect to that product; however, BOPIED may, at its discretion, contact you to allow you to maintain your order subject to a new delivery date based on product availability.
THE PRODUCTS SOLD AND/OR DISTRIBUTED BY BOPIED ARE AVAILABLE ONLY IN CANADA AND THE WEBSITE IS DIRECTED ONLY TO CUSTOMERS AND POTENTIAL CUSTOMERS IN THAT COUNTRY.
8. SHIPPING COSTS; TAXES
BOPIED will organise the shipment of the products ordered according to the delivery method you have chosen and to the address indicated in the order confirmation. PRODUCTS WILL BE SHIPPED ONLY WITHIN CANADA. The delivery times indicated by BOPIED are approximate. BOPIED is not responsible for any damages or costs resulting from delays in delivery. Unless otherwise specified, prices do not include shipping and handling charges or applicable federal and provincial sales taxes. Shipping and handling charges and taxes will be billed separately in the order confirmation, as applicable. You are responsible for all sales, use, goods and services, harmonized sales, and other taxes and duties related to the order.
Tax charges are calculated based on the shipping and/or delivery address associated with your order. Where required by law, sales tax will also be applied to shipping and handling charges. If you return an item for a refund, you will receive a refund for the price of the product as well as the sales tax you paid on the product. However, you will not receive a refund for the sales taxes you paid on the shipping and handling charges for the product, as the shipping and handling charges are non-refundable once a product has been shipped. If you have any questions regarding the sales taxes associated with your order, or if you would like to know if sales taxes will be applied to the shipping and handling charges for your order, please contact us at (450) 651-9222
9. OWNERSHIP; RISK OF LOSS
Products purchased from BOPIED are delivered by a third party delivery company under the terms of a delivery contract. BOPIED shall not be liable for delays in delivery or failure to ship due to circumstances beyond BOPIED's control. BOPIED will make every effort to ensure that delivery is trouble-free.
Returned products are subject to BOPIED's Return Policy, the terms and conditions of which are incorporated herein by reference. Some restrictions may apply.
11. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, BOPIED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AS TO THE UNINTERRUPTED OR ERROR-FREE OPERATION OF THE TRANSACTIONS, PRIVACY, TO SAFETY, MARKETABILITY, QUALITY, TITLE, DURABILITY, SUITABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, NOR DOES IT MAKE ANY REPRESENTATION, WARRANTY OR CONDITION ARISING FROM ESTABLISHED TRADE PRACTICE OR USAGE.
IN NO EVENT SHALL BOPIED BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES, REGARDLESS OF CAUSE, (INCLUDING LOSS OF PROFITS OR SAVINGS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES, INCLUDING COMPUTER RESOURCES, ROUTERS AND MEMORIZED DATA), ECONOMIC DAMAGES OR EXEMPLARY INTEREST DAMAGES ARISING FROM PRODUCTS PROVIDED BY BOPIED OR OTHERWISE RELATED TO THIS AGREEMENT OR TRANSACTIONS CARRIED OUT ON THE WEBSITE.bopied.com OR FROM THIS, EVEN IF BOPIED OR ANY OF ITS CONTRACTORS, CONTRACTORS OR LEGITIME EMPLOYEES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, DAMAGES OR CLAIMS. BOPIED'S COMPREHENSIVE LIABILITY ARISING FOR ANY REASON WHATSOEVER (INCLUDING INCLUDING INCLUDING INCIDENTAL CONTRACT LIABILITY), NEGLIGENCE OR GROSS NEGLIGENCE) WILL NEVER BE GREATER THAN THE AMOUNT YOU PAID FOR THE PRODUCTS ORDERED UNDER THIS AGREEMENT THAT ARE THE SUBJECT OF THE CLAIM. BOPIED SHALL IN NO EVENT BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA ALTERATION, ERRORS OR TRANSMISSION PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, BOPIED ENTERPRISES, THE INTERNET FEDERATOR NETWORK OR THIRD PARTY SUPPLIERS OF PRODUCTS OR SERVICES, OR DAMAGE OR LOSS CAUSED BY YOU, YOUR EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OR EVENTS INDEPENDENT OF BOPIED'S WILL.
SOME FEDERAL OR PROVINCIAL LAWS MAY PROHIBIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU ARE SUBJECT TO SUCH LAWS, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER RIGHTS.
For the purposes of this article, "BOPIED" includes the affiliates of BOPIED and the directors, officers, employees, agents and contractors of BOPIED and its affiliates.
This Article shall remain in force even if this Agreement is terminated or expires.
12. APPLICABLE LAW AND TERRITORY OF APPLICATION
This website and its server are located in the Province of Quebec, Canada. This Agreement shall be construed in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein and shall be treated in all respects as a Quebec contract, without regard to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
13. DISPUTE RESOLUTION - INJUNCTION
IF YOU RESIDE IN THE PROVINCES OF QUEBEC OR ONTARIO OR ANY OTHER PROVINCE OR TERRITORY WHERE THIS PROVISION MAY BE CONSIDERED NOT VALID UNDER LOCAL LAWS FOR CONSUMER PROTECTION, THEN THIS SECTION 13 DOES NOT APPLY TO YOU AND YOU WILL RECOGNIZE YOUR CIVIL RIGHTS. IL IS IMPORTANT THAT YOU READ THIS SECTION CAREFULLY. IT PROVIDES FOR THE RESOLUTION OF DISPUTES BY BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR, RATHER THAN BY GOING TO COURT BEFORE A JUDGE OR JURY. THE LAWS OF YOUR PROVINCE OR TERRITORY MAY LIMIT THE ENFORCEABILITY OF BINDING ARBITRATION CLAUSES IN CERTAIN CONSUMER CONTRACTS.
Any and all disputes, controversies and claims between you and us or by you against us or vice versa, or against our or your employees, representatives, agents, officers, directors, successors, assigns or affiliates that arise in connection with this Agreement (whether in contract, tort, under statute or regulation, or otherwise, and whether prior, present or future), including any matter of negotiation, the establishment, existence, validity, performance, effect, interpretation, breach, settlement, invalidity, applicability or scope of this Arbitration Clause (including the attached Schedule A) (collectively the "Claims" and individually a "Claim") shall be submitted to and resolved by binding arbitration without recourse to the courts in accordance with the Arbitration Rules set out in the attached Schedule A, which is incorporated by reference into and forms part of the Agreement. However, before submitting a claim to arbitration, you must contact the Customer Service Representatives at l and give us an opportunity to resolve the dispute. Similarly, before BOPIED refers a dispute to arbitration, we must attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty (60) days from the date you or BOPIED notified the other of the existence of the dispute, then either party may initiate the arbitration process, as set out in Schedule "A" attached hereto.
For greater certainty, no action may be brought by either party before any court or administrative tribunal, whether provincial or federal, in respect of any matter relating to this Agreement, including without limitation any Claim, any arbitration proceedings instituted for the resolution of a Claim and any arbitration award rendered in respect of a Claim, except as expressly permitted in this Agreement or by law. Any decision rendered in the arbitration shall be binding and final on each of the parties, and no appeal shall lie therefrom. A decision may be made enforceable by any court having jurisdiction over the person or property of the person concerned.
A CLAIM CANNOT BE JOINED TO ANOTHER LAWSUIT, OR TO ANOTHER PERSON'S ARBITRATION DISPUTE, AND CANNOT BE RESOLVED BY A CLASS ACTION. THE PARTIES EXPRESSLY AGREE THAT A CLAIM SUBMITTED TO ARBITRATION UNDER THIS AGREEMENT MAY NOT BE JOINED TO ANY OTHER ARBITRATION PROCEEDING FOR ANY REASON. THE ARBITRATOR SHALL NOT AWARD DAMAGES THAT ARE PROHIBITED BY THIS AGREEMENT AND SHALL NOT AWARD PUNITIVE DAMAGES OR REQUIRE PAYMENT OF LEGAL FEES. YOU AND BOPIED WAIVE ANY CLAIM FOR DAMAGES THAT ARE EXCLUDED BY THIS AGREEMENT.
Injunctions and provisional measures
Notwithstanding the provisions of this Section and Schedule A and any other provision of this Agreement, BOPIED shall have the right to seek and obtain injunctive, provisional or interim relief from a court of competent jurisdiction to protect its trade-marks, other intellectual property rights or confidential information, or to maintain the status quo pending the outcome of the arbitration.
14. EXPORT LAWS
Products sold or delivered under this Agreement are subject to the export control laws and regulations of Canada. You agree to comply at all times with such laws and regulations and to indemnify BOPIED against any claims, damages and liability arising out of your violation of such laws and regulations.
Headings are included in this text for convenience of reference only and shall not affect the interpretation of this Agreement.
You may not assign your rights or obligations under this Agreement without the express written consent of BOPIED.
This Agreement shall be binding upon and enure to the benefit of the parties hereto and their respective successors and assigns.
The provisions of this Agreement shall be deemed to be divisible. If any provision is declared unenforceable or invalid, it shall nevertheless be enforced to the fullest extent permitted by law and such declaration shall not affect the validity or enforceability of the remaining provisions.
19. COMPLETENESS OF THE AGREEMENT
This Agreement, together with all other agreements, terms and conditions incorporated or referred to herein constitute the entire agreement between you and BOPIED relating to the subject matter hereof, the use of the Website and the transactions conducted on or from the Website, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by BOPIED making such amendments or modifications available to you pursuant to this Agreement.
20. NO WAIVER
BOPIED's failure to enforce any provision hereof or to respond to a breach of this Agreement by you or any third party shall not in any way waive BOPIED's right to enforce the terms and conditions hereof or to respond to similar breaches.