March 1st, 2013
MCCG Bourbonnais Inc. (hereinafter “MCBourbonnais”, “we”, “us” or “our”) operates the website www.mcbourbonnais.com (the “Site”). Use of the Site is governed by terms and conditions that apply to the Site and to sales, shown below (the “Terms and Conditions”), which constitute an agreement between you and MCBourbonnais. MCBourbonnais may modify these Terms and Conditions at any time.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE AND/OR ORDERING A PRODUCT FROM THE SITE.
By using the Site or ordering product(s) from it, you acknowledge that you have read, understood and agree to all the Terms and Conditions. If you do not agree to these Terms and Conditions, do not use the Site or order products from it.
MCBourbonnais reserves the right to modify the Terms and Conditions at any time, effective as soon as changes are posted on the Site, with no liability to you or any other individual. If we make modifications, we will post the new Terms and Conditions on the Site and indicate the date of the most recent update. You should therefore reread the Terms and Conditions of use each time you visit the Site or make a purchase. If at any time you find that you no longer agree with the Terms and Conditions, you must immediately stop using or accessing the Site.
1.1 Location of Site Operations
MCBourbonnais operates the Site from its offices in Canada. MCBourbonnais makes no representations to the effect that material on the Site is available for use in locations other than Canada, and accessing the Site from locations where its content or use thereof are prohibited may be illegal. Those who choose to access this Site do so of their own initiative and are responsible for complying with any locally applicable laws.
1.2 Site Modifications
MCBourbonnais may terminate, change, suspend or discontinue any aspect of the Site, including its functionality, at any time without prior notice or liability. MCBourbonnais may also (i) add, remove, modify or otherwise change any content that is on the Site or accessible from it or (ii) impose limitations as regards certain functionalities and services or restrict your access to some or all parts of the Site without prior notice or liability.
1.3 Restrictions Relating to Use of the Site
You may only use the site in accordance with these Terms and Conditions. Unless otherwise specifically indicated in one or more sections of the Site, no part of the Site may be copied, reproduced, distributed, published, translated, downloaded, displayed or transmitted in any way whatsoever without prior written permission from MCBourbonnais. You may display or download material from the Site for noncommercial purposes only, provided that you do not modify it and that you respect its relevant copyrights
1.4 Intellectual Property
1.4.1 Trademarks. Names, words, titles, phrases, logos, illustrations, graphic icons and service marks (collectively the “Trademarks”) that appear on the Site, products or any components included in or with those products may represent registered or non registered trademarks or other intellectual property belonging to MCBourbonnais, its affiliated companies or third parties.
1.4.2 Content. All content appearing on the Site or products, specifically including any photos, illustrations, designs, trade-marks, images and text (collectively the “Content”), is the exclusive property of MCBourbonnais, its affiliated companies or third parties and is protected by Canadian and/or international copyright laws. You are hereby granted limited permission to access the Site for your personal and noncommercial use only, on the condition that you retain all credits and notices relating to copyright and other proprietary exclusivity. Unless explicitly stated in the Terms and Conditions, no other use of the Content is authorized.
1.4.3 No Right Granted. Nothing that appears on the Site, products or elsewhere shall be directly or indirectly construed as granting you (or anyone whosoever) any licence, right, title or other interest in the Trademarks or any other intellectual property, and the Trademarks and other intellectual property shall remain the exclusive property of MCBourbonnais or their owners.
1.4.4 Restrictions Related to Site Use. You may not copy, reproduce, utilize, distribute or transmit, in part or in whole, the Trademarks, Content or any other intellectual property that appear on the Site, in or with products or components that are included there, without express prior written consent. Any non authorized use may make you liable for civil and/or criminal damages.
1.5 Links to Other Sites
The Site could include links to other websites operated by other companies. By clicking on these links, you will leave the MCBourbonnais Site. MCBourbonnais has neither developed, reviewed or verified the accuracy of the data contained on these sites. MCBourbonnais has no control over the operation of these websites and the fact that they may be linked to the MCBourbonnais Site does not in any way render MCBourbonnais liable, specifically as regards their content, the products/services provided or any other damages or loss that they may cause you.
1.6 User-Submitted Information
As a user of this Site, you acknowledge that any material, information and opinions (collectively the “Information”) that you may submit to MCBourbonnais in any way whatsoever will be assigned to MCBourbonnais and who will become its full and sole owner, and you waive any moral rights with regard to this Information. MCBourbonnais hereby advises you that it will not communicate or share these Information to any other company and will only use these Information to offer services to the users of MCBourbonnais for statistics. Further, you are prohibited from submitting to MCBourbonnais Information that could be illegal, defamatory, obscene or contrary to any applicable law. In that case, MCBourbonnais could share the Information to any competent authority. When you submit Information to MCBourbonnais, you hereby represent that you hold any and all relevant rights to such Information, specifically intellectual property rights. You assume liability and agree to compensate, protect, indemnify and hold harmless MCBourbonnais, its managers, directors, shareholders, agents, representatives and employees from any liability, obligation, loss, damage, penalties, claims, actions, legal proceedings, fees, expenses and expenditures (including legal fees) relating to or resulting from your use of the Site and the Information that you have submitted. MCBourbonnais reserves the right to not publish or to retract any material that you may have submitted to MCBourbonnais at its discretion, for any reason whatsoever.
2. STANDARD TERMS AND CONDITIONS OF SALE
Everybody from every country can shop on the MCBourbonnais website and pay in Canadian funds.
2.2 Setting Up an Account
2.3.1 Amount. The purchase price for each product appears adjacent to it on the Site. All prices are in Canadian dollars.
2.3.2 Shipping costs. Shipping and delivery charges and applicable taxes are extra (unless we state something different) and will be shown on screen before you confirm your order.
2.3.3 Sales tax. Applicable sales taxes are extra and will be shown on screen before you confirm your order.
2.3.4 Price changes. MCBourbonnais reserves the right to modify the prices of products on the Site at any time, without prior notice.
2.4 Credit Card Payment
2.4.1 Payment method. The only way to make a payment on the site MCBourbonnais is through the Paypal service.
2.4.2 Validity and authenticity. If the charge is not approved or accepted, we reserve the right to cancel your order without notice, with no liability or obligation.
2.5 Return and Refund Policy
2.5.1 Returns and Exchanges. MCBourbonnais does not accept returns and does not refund or exchange, except in the case where damaged item(s) would have been shipped to you. In this case, MCBourbonnais will proceed to an exchange. Please refer to the section 'Delivery Information' for details and complete the 'Return' section to proceed.
2.5.2 Shipping. If MCBourbonnais did not delivered the items you ordered, MCBourbonnais will proceed with a new shipment and will assume the delivery costs. If MCBourbonnais delivered damaged items, MCBourbonnais will hold an exchange and will assume transportation, if necessary, and the risks, to the extent that you return the products through a transport company that guarantees against losses and damage.
2.6 Product Availability
2.6.1 Inventory. MCBourbonnais does not under any circumstances guarantee that products offered on the Site are available in inventory. If MCBourbonnais is not able to deliver any of the items you order because they are out of stock, MCBourbonnais will suggest an equivalent product of equal value by email or, in other case, will refund the amount charged for via Paypal for the product(s) in question and send you a confirmation email.
2.6.2 Damages. MCBourbonnais will not be responsible at any time for any damages that you may incur because products are out of stock.
2.7 Product Delivery
2.7.1 Packaging. MCBourbonnais ensures that each order will be delivered in the appropriate packaging so that items ordered are delivered in good condition.
2.7.2 Shipping destination. MCBourbonnais offers shipping worldwide via Canada Post postal services. In exceptional cases, if the delivery is not possible at your home, MCBourbonnais will notify you through email and you will be refunded through Paypal.
2.7.3 Address. MCBourbonnais delivers the items you ordered to the address you submitted when placing your order.
2.7.4 Shipping fees. Delivery charges vary depending on the order (weight, volume, shipping address) and appears on the screen before confirming your order.
2.7.5 Carrier. Delivery of products is subject to the rules of the delivery companies with which MCBourbonnais does business, in this case, at the present time, Canada Post, and the rules of any other company with which may make MCBourbonnais business from time to time. You are particularly subject to the rules regarding the signing of an acknowledgment when necessary.
2.7.6 Transfer of title. You become the owner of the goods you have ordered when they will be delivered by MCBourbonnais to the delivery company. From this moment, you will be required to assume all risks and MCBourbonnais shall not be liable for the loss, destruction or damage.
2.7.7 Full payment. MCBourbonnais must receive full payment of products that will be delivered prior to delivery.
3. GENERAL INFORMATION
THE FOLLOWING PROVISIONS APPLY TO BOTH USE OF THE SITE (SEE SECTION 1 ABOVE) AND TO PRODUCT ORDERS (SEE SECTION 2 ABOVE).
3.1 Disclaimer of Warranties
THE SITE AND THE ELEMENTS CONTAINED THEREIN ARE PROVIDED AS IS, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION, IMPLICIT OR EXPLICIT. SUBJECT TO ANY APPLICABLE LAW TO THE CONTRARY, MCBOURBONNAIS DISCLAIMS ANY LIABILITY AND PROVIDES NO REPRESENTATION, WARRANTY OR CONDITION, INCLUDING WARRANTIES OF MERCHANTABILITY, DURABILITY, MERCHANTABLE QUALITY OR SUITABILITY FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MOREOVER, MCBOURBONNAIS MAKES NO REPRESENTATION, WARRANTY OR CONDITION RELATIVE TO (I) THE USE, VALIDITY, ACCURACY OR RELIABILITY OF THE ELEMENTS SHOWN ON THE SITE OR THE RESULTS ARISING FROM THE USE OF SUCH ELEMENTS OR (II) THE FACT THAT THE SITE AND ITS CONTENT ARE OFFERED WITHOUT INTERRUPTION OR THAT THEY WILL BE FREE OF ERRORS (WHILE MCBOURBONNAIS DOES EVERYTHING POSSIBLE TO ENSURE THAT THE SITE CONTAINS NO ERRORS), THAT ERRORS /INTERRUPTIONS ON THE SITE WILL BE RECTIFIED OR THAT THE SITE OR THE SERVER THAT HOSTS THE SITE WILL BE VIRUS-FREE.
3.2 Limitation of Liability
3.2.1 IN NO EVENT SHALL MCBOURBONNAIS, ITS RESPECTIVE MANAGERS, DIRECTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES OR EMPLOYEES BE HELD RESPONSIBLE FOR INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION THE LOSS OF DATA, PROFITS, REVENUE, BUSINESS OPPORTUNITIES OR ANY LOSS, DAMAGE, RESPONSIBILITY, COST OR EXPENSE ARISING FROM OR IN RELATION TO YOUR PURCHASE OF PRODUCTS FROM THE SITE, THE USE OF THE SITE OR THE INABILITY TO USE THE SITE, WHATEVER THE ORIGIN OF THE ACTION (CONTRACTUAL RESPONSIBILITY, IN TORT, NEGLIGENCE, GROSS NEGLIGENCE OR BASED UPON ANY OTHER LEGAL DOCTRINE, INCLUDING FUNDAMENTAL BREACH), EVEN IF MCBOURBONNAIS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT MCBOURBONNAIS’S LIABILITY TOWARDS YOU MAY BE UPHELD, IT SHALL BE LIMITED TO THE PURCHASE PRICE OF THE ITEMS THAT YOU ORDERED ON THE SITE.
3.2.2 Regardless of the foregoing, nothing within the current Section 3.2 can have the effect of limiting your rights as a consumer with respect to one or more of the laws of public order (including consumer protection laws) that may be applicable to you.
3.3 Force Majeure
MCBourbonnais will not be responsible for non-performance, in whole or in part, of any of its obligations whatsoever toward you, or for damages or losses that you may suffer, if such non-performance, damages or losses result from an act of God or from circumstances beyond its control.
3.4 Applicable Law and Territorial Jurisdiction
The Terms and Conditions shall be governed by the laws in effect in the province of Quebec, Canada, and any claims in conjunction with the Site, its Content or its use shall be governed by laws applicable in the province of Quebec, Canada. The application of any private international law or any law that might be applied to resolve legal disputes, such as the United Nations Convention for Contracts on International Sale of Goods, is expressly excluded.
The Terms and Conditions constitute the entire agreement between MCBourbonnais and you relating to the subjects covered herein. If provisions of the Terms and Conditions or their implementation are found to be invalid as regards any statue, regulation or law whatsoever, the aforementioned provisions shall be removed from the conditions for use and the remaining provisions in the Terms and Conditions shall not be affected.