By accessing the berceauducanada.com website (the “Website”) of Gaspé, Berceau du Canada (“Gaspé, Berceau du Canada”), you (“You” or the “User”) agree to all of the terms and conditions and Terms of Use of the Website (“Terms and Conditions”) set out below and acknowledge being bound by them. Browsing the Website as well as the simple activation of one or the other of the hyperlinks constitutes acceptance of these Terms and Conditions and implies your knowledge of the scope thereof.
In the event that You disagree with the Terms and Conditions set out below, You are requested to immediately exit the Website by ending your session.
Gaspé, Berceau du Canada reserves the right to revise the terms of these Terms and Conditions at any time without notice. Use of the Website after the modified Terms and Conditions are posted will constitute acceptance of these revised conditions. You are therefore invited to consult these Terms and Conditions on a periodic basis.
1. Use of the Website and acceptance of the terms and conditions of use
The online store is intended exclusively for current and / or potential customers of Gaspé, Berceau du Canada who are domiciled in Canada. No purchase or delivery of products appearing on the Website may be made outside the limits of the territory of Canada. However, certain restrictions or special conditions may apply depending on the provinces or territories concerned.
2. Restricted License to Use the Website
For the purposes of browsing the Website, Gaspé, Berceau du Canada grants the User a restricted license to display on his computer or to print, download and use the HTML language under- adjacent to the Website as well as the texts, audio clips, music videos and any other content to which it can access, but only for non-commercial, personal purposes, the whole on condition:
a) not to modify its content and;
b) to include in the margin of each reproduction of the content of the Website the corresponding copyright notice under this limited license (© Gaspé, Berceau du Canada 2020).
No use of the intellectual property rights of Gaspé, Berceau du Canada may be permitted other than that mentioned above, unless you have obtained the prior written consent of Gaspé, Berceau du Canada. To do this, the User is invited to communicate, if necessary, with the person in charge of the Gaspé, Berceau du Canada Website at the address indicated in the Notice and Communication section.
Without limiting the generality of the foregoing, any User of the Website undertakes not to use any computer technology or process aimed at or allowing to reproduce, download, transmit, retransmit, distribute, divide, sell, publish, modify or otherwise use, in whole or in part, the content of the Gaspé, Berceau du Canada Web Site in violation of the Copyright Act or applicable international copyright conventions or any other law, in particular by using techniques such as deep hyperlinks or framing.
Moreover, in order to allow navigation on the Website or to carry out online transactions, Gaspé, Berceau du Canada may allow the User to download software from the Website or other Internet resources and / or computer applications. These software and / or computer applications are protected by copyright. Their downloading and use are governed by the specific user agreements for such software and / or computer applications. When You download software or a computer application, You confirm your acceptance to abide by the terms and conditions of the license agreement applicable to such software and / or computer application.
3. Conditions of sale
Gaspé, Berceau du Canada offers the User the possibility of making certain purchases through the Website against payment of a monetary consideration. We invite You to read the conditions of sale which govern any purchase made on the Website by activating the following hyperlink: Conditions of Sale.
4. Accuracy of information and product availability
Gaspé, Berceau du Canada has designed the Website primarily for informational, advertising and transactional purposes. Although Gaspé, Berceau du Canada takes great care to compile the information contained on the Website with all due care at the time of its initial presentation, it is possible that certain information may, from time to time, be erroneous, inaccurate or incomplete. It is also possible that, from time to time, the information contained on the Website may become out of date.
In addition, the Gaspé, Berceau du Canada Web Site meets certain computer, technical, graphic and typographic standards. Under no circumstances can Gaspé, Berceau du Canada be held responsible for any prejudice or damage, direct or indirect, resulting from the breakage of the personal computer, the server or any device or program of the User, the loss of data or any other breakage or technical problem encountered by the User while browsing the Website.
In the event that the User notices errors or inaccuracies with regard to the content of this Website or encounters technical difficulties in the use of the Website, the latter agrees to immediately notify the responsible for the Website at the address indicated in the Notice and Communication section.
Without limiting the generality of the foregoing, Gaspé, Berceau du Canada makes no warranty as to the description and / or illustrations of the products it sells or advertises on the Website, these descriptions and / or illustrations are not given. for information only. THE INFORMATION RELATING TO THE PRODUCTS AS WELL AS THAT RELATING TO THE PRICES AND AVAILABILITY OF THE PRODUCTS APPEARING ON THE WEBSITE MAY CHANGE FROM TIME TO TIME WITHOUT NOTICE AND WITHOUT THIS NOT ENGAGING THE RESPONSIBILITY of Gaspé, Berceau du Canada Thus, some product models or colors may not be available from time to time and Gaspé, Berceau du Canada cannot be held responsible in this regard.
5. Intellectual property
Subject to the works used under license or the hyperlinks displayed on the Website, Gaspé, Berceau du Canada is the sole and exclusive holder of the intellectual property rights over all the content of the Website, including in particular the articles, texts, photographs, images, illustrations, audio clips, video clips, the user interface and data and databases.
Without limiting the generality of the foregoing, Gaspé, Berceau du Canada is the sole and exclusive owner of the trademarks used on the Website or, otherwise, they belong to their respective owners. Under no circumstances may the trademarks appearing on the Website be used without the written permission of their respective owners. Without limiting the generality of the foregoing, the following trademarks are in particular Gaspé, Berceau du Canada trademarks: “Gaspé, Berceau du Canada” and corresponding logos. In addition, Gaspé, Berceau du Canada may also own other trademarks in respect of names, words, slogans, logos, designs, graphics which may be displayed from time to time on the Website. The User agrees not to use any of the trademarks contained on the Website without first obtaining the written approval of Gaspé, Berceau du Canada or their respective owners.
In the event that the trademark of a third party is displayed by Gaspé, Berceau du Canada on the Website in a hyperlink or otherwise, this does not constitute use of this mark within the meaning of the Trademarks Act and / or constitute a representation on behalf of Gaspé, Berceau du Canada according to which this one is affiliated or associated with the owner of this mark.
6. Hyperlink
The Gaspé, Berceau du Canada Website may contain hyperlinks allowing the User to be redirected to external websites belonging to third parties which are hosted on servers other than that of Gaspé, Berceau du Canada. The User acknowledges that by the activation of such hyperlinks automatically leaves the limits of the Gaspé, Berceau du Canada Web Site. The activation of hyperlinks to external sites cannot be interpreted as constituting an affiliation or any association that may link Gaspé, Berceau du Canada to the holder of the rights relating to these external websites.
Since Gaspé, Berceau du Canada is not in a position to exercise any control over the content of websites external to its own, it cannot be held responsible for any prejudice or damage that may in particular result from inaccuracy or nonconformity of the content of these websites. The activation of the hyperlinks displayed on the Gaspé, Berceau du Canada Website is done at the User’s own risk.
7. Confidentiality
Gaspé, Berceau du Canada implements all the measures reasonably necessary so that its Website can comply with the legislation applicable in Quebec and in Canada regarding the protection of personal information. For this reason, browsing the Website, including online purchases, are governed by the privacy policy of Gaspé, Berceau du Canada, which aims in particular to inform the User of the nature of the personal information that may be collected, used and communicated to third parties, where applicable. The User can access the privacy policy of Gaspé, Berceau du Canada by activating the following hyperlink: ( https://berceauducanada.com/en/privacy-statement/ ).
8. Communication by email or electronic means
Gaspé, Berceau du Canada can communicate by e-mail or electronic means with Users, particularly with those who have placed orders for the purchase of products, those who have sent requests for information, those who have registered for one of its contests, those who have subscribed to one of its newsletters or those who have joined the Gaspé, Berceau du Canada pages on social media (like Facebook or Instagram). These communications may be considered to be commercial electronic messages (“CEM”) within the meaning of the Canadian Anti-Spam Law (“CASL”) and its regulations. Although it may be exempted by CASL from requiring consents under CASL, Gaspé, Berceau du Canada has a policy of requiring the explicit consent of any User prior to sending a CEM in addition to offering to any User to be able to unsubscribe at their discretion in order to stop receiving CEMs from Gaspé, Berceau du Canada by activating the unsubscribe hyperlink or by emailing the address indicated in the Notice and Communication section. If You are of the opinion that You have received a CEM from Gaspé, Berceau du Canada when You should not have received it, please contact the responsible person immediately at the coordinates below and Gaspé, Berceau du Canada will take the steps reasonably necessary to quickly correct the situation.
9. Exclusion of guarantees
Gaspé, Berceau du Canada makes no representations and gives no warranty regarding the proper functioning of the Website, its suitability for use or the absence of errors or interruptions during its use. Gaspé, Berceau du Canada makes no representation and does not guarantee that the server from which the Website is operated is or will be free from viruses or other harmful components. THE COMPONENTS OF THE WEBSITE ARE PROVIDED TO YOU “AS IS” AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. Gaspé, Berceau du Canada AND ITS LICENSORS DISCLAIM ALL WARRANTIES OR CONDITIONS, WHETHER WRITTEN OR VERBAL, LEGAL OR CONVENTIONAL, INCLUDING WARRANTIES OF QUALITY, DURABILITY, FITNESS OR FITNESS FOR A PARTICULAR PURPOSE. The exclusions set out above are in addition to the specific exclusions set out in these Terms and Conditions. Some federal or provincial laws do not allow the exclusion of certain warranties, so the above exclusions may not apply to you.
10. Children and minors
The Website and the advertising contained on the Website are not directed at children or persons of minor age under thirteen (13) years of age. Purchases through the Website must be made by means of payment by credit card, in order to prevent children or minors thirteen (13) years old and under cannot carry out transactions without being able to give valid consent. Children or minors are strictly prohibited from making purchases or transacting through the Website.
Any use of the Website by a person under the age of thirteen (13) who has not reached adulthood should be supervised by an adult (eighteen (18) years and over).
11. Termination
Gaspé, Berceau du Canada reserves the right, at its sole discretion and without notice, to cancel any transaction, purchase or order or to restrict User access to the Website, in the event that the The User acts in violation of the Terms and Conditions of Use where it is brought to the attention of Gaspé, Berceau du Canada that unauthorized transactions are or could be carried out by or on behalf of the User.
12. General provisions
The Terms and Conditions are subject to the following general provisions:
12.1. Applicable laws
These Terms and Conditions and their interpretation, execution, validity and effect are subject to the laws of Quebec as well as applicable federal laws, as applicable.
12.2. Divisibility
If any provision of these Terms and Conditions is deemed invalid or unwritten, it will only be removed from these Terms and Conditions without affecting the validity of the entire document.
12.3. Arbitration
Any dispute, disagreement or dispute as to the validity, interpretation, applicability or performance of any of the terms or provisions of these Terms and Conditions shall be subject to the final decision of a single arbitrator (who shall constitute then, only, the “Arbitration Tribunal”), all in the following manner: a party may, by registered notice addressed to the other party, request that the disputed issue, which will be described in notice, shall be submitted to arbitration by a single arbitrator approved by all parties concerned. If it is not possible for the parties to agree on the choice of a sole arbitrator within 15 days of the date of dispatch of the notice, then such sole arbitrator shall be appointed by a court judge. competent resident in the judicial district of Quebec. The arbitral award shall be final, without appeal, shall be binding on all parties for any purpose other than by law and shall be rendered as soon as possible. The fees and disbursements of the Arbitration Tribunal shall be shared equally between the parties to the arbitration, unless the Arbitration Tribunal decides that it is fair and reasonable to do otherwise, which it has discretion. This arbitration is subject to the provisions of the Civil Code of Quebec and the Code of Civil Procedure of the Province of Quebec, provided that such provisions are not inconsistent with the foregoing. Some laws do not make it mandatory to submit a dispute to arbitration so this provision may not apply to you.
12.4. Special injunctions and remedies
Notwithstanding the foregoing arbitration clause, Gaspé, Crib of Canada reserves the right to seek and obtain injunctions or interim or interim measures from a court of competent jurisdiction to protect its trademarks, property rights intellectual property or confidential information, or to maintain the status quo pending the outcome of the arbitration.
12.5. Notices and communications
Notices that are required or permitted to be given under these Terms and Conditions must be made in writing and will be deemed to have been validly given if they are sent by email or registered mail to the following address:
A / S: Customer service
Gaspé, Berceau du Canada
179 Montée Wakeham C.P 5117
Gaspé (QC) G4X 1V3
12.6. Target territory
Gaspé, Berceau du Canada operates its Website from the city of Gaspé, Quebec, in Canada. Gaspé, Berceau du Canada makes no representations or warranties that the products advertised on the Website are available, appropriate or compliant in all Canadian provinces and territories. Anyone who chooses to access the Website from another province or territory does so of their own free will and is required to comply with applicable local laws to the extent applicable.
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