LEGAL AGREEMENT, GENERAL CONDITIONS AND MISCELLANEOUS POLICIES
These terms and conditions are a contract between you and you, and ALOCMANTEAUX INC., A corporation domiciled at 109-765, Beaubien Est Montreal, QC H2S 1S8 CANADA ("ALOCMANTEAUX INC.," "We," "we , "Or" our "), setting out the terms and conditions under which you will provide us with information, renting and / or purchasing backpacks, equipment and accessories (in the" Product "unit) and to several "Products") and will benefit from related services ("Services") from ALOCMANTEAUX INC. through our website at (the "Site").
BEFORE CLICKING ON THE "ACCEPT" BUTTON, PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING THE "ACCEPT" BUTTON OR BY ORDERING / PURCHASING / PURCHASING PRODUCTS, YOU AGREE TO THE TERMS AND CONDITIONS INCLUDED IN THIS AGREEMENT AND ARE PART OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE ENTIRE CLAUSES OF THIS AGREEMENT, CLICK ON THE "DO NOT ACCEPT" BUTTON AND YOU CAN NOT ORDER / RENT / PURCHASE THE PRODUCTS. WE RESERVE THE RIGHT TO MODIFY THE TERMS OF THIS AGREEMENT IN THE FUTURE AND ANY CHANGES WILL APPLY TO THE RENT / PURCHASE OF ANY PRODUCT AFTER THE DATE OF SUCH MODIFICATION.
1. GENERAL; RENT WITHOUT PURCHASE; MAJOR AGREEMENT REQUIRED
2. RENTAL FEES; BANKING AUTHORIZATIONS; CANCELLATIONS
The rental fees ("Rental Fees") for the Products will be the rental fees, insurance charges and delivery charges displayed on the Site in connection with Your rental of Products. As soon as Your order for a Product has been made, You give us permission to charge Your credit card for the Rental Fee. The reservation of a Product on our Site is a rental request for this Product, no matter how long in advance this Product is booked. In addition, at the time of Your order of Product, you authorize ALOCMANTEAUX INC to deduct from your credit card the full original purchase value (in addition to late fees, when due) of this Product (when new) displayed on the Website, plus applicable sales taxes ("Purchase Value"); knowing that we will charge you the Purchase Value Amount and / or late fees only in the event of the circumstances set out in Section 4 below.
Rental Fees exclude all federal taxes, state taxes, and local taxes, GST (Goods and Services Tax), fees, customs duties, taxes and other levies, which must be paid by you directly or, if they have been settled by ALOCMANTEAUX INC., they must be reimbursed by You to
ALOCMANTEAUX INC., In connection with Your rental order.
You may cancel or defer Your order for Products up to seven (7) days prior to the date of delivery of the order, subject to payment of the following cancellation or deferral fees: (i) for cancellations made thirty (30) ) days or more before the delivery date, they are not subject to any cancellation fees; and (ii) for cancellations made less than thirty (30) days prior to the delivery date, we will charge you half of the original rental fee. (iii) Any postponement made twenty-one (21) days or more prior to the delivery date is not subject to any deferral charges; and (iv) for postponements made less than twenty-one (21) days prior to the delivery date, you will be charged an amount equal to one half of the booking fee. The postponement may be carried out provided that an order for this Product is made, and the prepayment of additional postage charges applicable to this product.
3. MONERIS AGREEMENT AND AUTHORIZATIO
4. OUR COMMITMENTS TO YOU
4.1. DELIVERY AT YOUR HOME. We will deliver the Products you ordered, which include a specific size, color, and pattern, on the exact date or before the date for which you ordered them, except to the extent that we have informed you at your order that the availability of the Product in question was not guaranteed. Some Products may look different in color or style compared to the images displayed on the Site. Our sole liability to You for any lack of conformity of the Delivered Products is limited to the replacement of the Products with Products conforming to your order within a reasonable delivery period or the reimbursement of the Rental Costs (excluding the insurance costs, other fees, and delivery charges) as defined by us. See Section 5 (b) below.
Delivery; Clean and Ready to Wear. Your Products may be ordered and sent to you by mail on the same day for certain orders placed in the Greater Montreal Area, subject to the payment of additional delivery charges as defined on the Site. Otherwise, all deliveries outside the Greater Montreal Area will be made by ALOCMANTEAUX INC. Carrier carriers, which may change from time to time at the discretion of the Company. The method of sending used is chosen in a discretionary way by ALOCMANTEAUX INC. Delivery of Products can be made until 9 pm (9:00 pm or 9 pm). The Products will be cleaned and delivered professionally, ready for use. We dry clean and inspect each product with the utmost attention, but the use of the product is at your own risk and ALOCMANTEAUX INC. will not be held responsible in the case of health claims, concerning the rental of a rented Product on our Site.
4.2.2 Return of the packaging. Upon delivery of the Product, we will provide You with a reusable, pre-addressed, pre-addressed pouch and instructions to Your attention when returning Products to ALOCMANTEAUX INC. ("Return of packaging").
4.2.3 Services. On our Site, we offer different Services to help you choose a product or choose a size. Our Services are provided "AS IS" without any guarantee of result.
4.3. Confidentiality of the data. All cardholder data (including Card or PIN encoded data) are personal and confidential data, which may only be used, collected, and / or disclosed to authorized parties to the transaction and only for the purpose of finalizing the transaction. ALOCMANTEAUX INC. guarantees to take reasonable steps to ensure that a PIN is not disclosed and is protected at all times. ALOCMANTEAUX INC. will never require or ask the Card Holder to give his / her PIN.
5. PRECISION ON OUR COMMITMENT TO YOU
5.1 Limited warranty. The limited warranty set forth in Section 4 applies only to You, may be invoked only by You, and may not be granted, sold or transferred to any third party to this Agreement. No other warranties than those set out in Section 4 are granted. Our warranty included in these clauses can not apply to a dispute arising from the violation of Your commitments set forth in Section 5 of this Agreement.
5.2 Remedies. Your unique and exclusive remedy and the one and only case of ALOCMANTEAUX INC. for breach of the limited warranty must be, according to the option chosen by LALOCMANTEAUX INC., the implementation by ALOCMANTEAUX INC. a reasonable commercial gesture to replace the non-compliant Product within a reasonable period of time or a refund of Your Rental Expenses (excluding insurance fees, other fees, and delivery charges)
5.3 Exclusions of guarantee. THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT) IN CONNECTION WITH PRODUCTS, SERVICES RELATED OR RELATED TO THE RESULTS OF THE USE OF THE PRODUCTS OR SERVICES.
5.4 Typographical errors. In the event that ALOCMANTEAUX INC. incorrectly displays a product with an incorrect price, ALOCMANTEAUX INC reserves the right to refuse or cancel any orders for the displayed product with an incorrect price. ALOCMANTEAUX INC reserves the right to refuse or cancel such orders even if the order has been confirmed and the amount has been deducted from your credit card account. In case the amount of the order has already been debited from your credit card and your order is canceled, ALOCMANTEAUX INC. agrees to reimburse you on your credit card the full amount of the incorrect price.
5.5 Denial of participation. ALOCMANTEAUX INC. can not effectively or potentially verify all messages and content posted or created by users accessing the Site and is in no way responsible for what these messages and contents contain. You acknowledge that by allowing you to view and relay content created by users, ALOCMANTEAUX INC. acts only as a mere passive intermediary to relay such content and assumes no obligation or liability arising from any content or activity on this site. However, We reserve the right to prevent or remove any message or content we consider to be (a) abusive, defamatory or obscene, (b) fraudulent, deceptive or deceptive, (c) in violation of copyright, a registered trademark, intellectual property rights, or (d) insulting and unacceptable to ALOCMANTEAUX INC. according to his own discretion.
6. YOUR COMMITMENTS TO US; PAYMENT OF PURCHASE VALUE
Receipt of products. Upon delivery, you become responsible for the Products. If, however, You choose to Have Your Products delivered to you in the Montréal Metropolitan Area by courier, You agree to be held responsible for the receipt of the Products sent to the address specified at the time of the validation of the order. You acknowledge that a Secure Delivery Address (concept defined below) is highly recommended. A Secure Delivery Address is defined as a place where an individual can physically receive a Product or Products. In the event that an Unsecured Delivery Address is provided, ALOCMANTEAUX INC. is not responsible for products left unattended. In addition, You acknowledge that providing other than a Safe Delivery Address may lead to delivery delays and additional delivery charges for which ALOCMANTEAUX INC. can not be held responsible, and you will be held responsible.
6.2. Use of products. You agree to treat the Products with great care, as if they were loaned to you by Your close friend. You are responsible for returning the Products to us in a clean, dry, and functional state. You are responsible for loss, destruction, or damage to the Products caused by theft, unexplained disappearance, fire, large stains or any other cause, other than normal wear and tear. Normal wear and tear includes SMALL stains, tears, missing fasteners, stuck closures, or other minor damage. If you return a Product that is damaged beyond normal use or requires a complete cleaning, then You agree to any withdrawal from us, and You will have to pay, for the price of a complete cleaning, a repair, or replacement of the Product, according to our discretionary decision, up to the Product's Purchase Value.
Return of products; Extensions. You agree to return the Products to ALOCMANTEAUX INC. in the Return Packing on the date established on the Site, in connection with Your order. You have the option to extend Your Product order on the ALOCMANTEAUX INC site; Knowing that any extension is subject to the other orders (availability) of this same product, as well as the prepayment of the Additional Rental Charges applicable to this Product during the extension period. Return of the Product will be performed by You, by depositing the Product placed in its Return Pack, at any Canada Post delivery facility until noon (12:00 pmpm) or before the date on which the Product is to be delivered. If You send the Products back late, or if you do not return them at all, a Five Percent (5%) Delay Fee for the Manufacturer's Suggested Retail Price ("MSRP") will be charged to you. , for each day late, in addition to the Rental Fees already charged, and You agree to pay such additional costs, up to 200% of the Retail Price Suggested by the Manufacturer ('' 'MSRP' '). If You lose the Return Pack (reusable pouch), You will be responsible for returning the Product at your expense on the required return date, and providing ALOCMANTEAUX INC. an identification number and you will be charged forty ($ 40) Canadian dollars to replace the Return Pack (reusable pouch) ("Return Packing Fees").
6.4. Payment of Retail Price Suggested by the Manufacturer ('' 'MSRP' '). We will not charge you for more than the MSRP plus the Rental Value (including late fees and Return Packing Fees), in aggregate, for any Fees that occur under the terms of this Section 6, except Collection Fees. . If you pay us the full amount of the MSRP (including late fees and Return Packing Fees), in accordance with this Section 6 and the Product is still in your possession, You may retain the Product but without warranty of any kind. 'no kind. For the avoidance of doubt, the limitations of this clause do not apply to Rental Fees (including Late Payment and Return Packing Fees), which are charged separately from, and in addition to, all fees and charges at the MSRP according to this section 6.
6.5. Recovery. If you do not pay the amounts owed to us by the due date then we will have to initiate recovery procedures. You agree to pay our collection costs, including without limitation attorney fees (within a reasonable limit).
Deleting. We reserve the right to terminate your right to rent our Products at any time for breach of the terms of this Agreement or for any reason or for any other reason at our discretion.
6.7. E-mail. We will use the preferences and instructions that You provide to us on our Site to send you emails and other promotional content concerning other Products. You may opt out of receiving these emails by notifying us by email at: or by clicking on the links provided at the bottom of these emails, when they are valid and accessible.
6.8. Release of liability. You agree to clear ALOCMANTEAUX INC. as well as its officers, executives, employees, agents and suppliers (all together the "Service Providers") from all liability for losses, expenses, damages, and costs, including legal fees within a reasonable limit, arising from violation of these terms and conditions or arising out of any activity in connection with your account (including acts of negligence or unlawful acts) committed by you or any other person accessing the Site using your account.
6.8.1. Identity and password. You are responsible for maintaining the confidentiality of your identity and password. ALOCMANTEAUX INC. can not be held responsible for unauthorized use of your account. In the event that the confidentiality of this information would be compromised, please notify us as soon as possible to prevent the possible fraudulent use of your identity. ALOCMANTEAUX INC. shall not be liable for any loss or damage resulting in particular from the non-observance of the security measures set out in this section.
6.9. Use of the site. Harassment in any form on the Site, by email or on the blog, or even uttering obscenities or insults, is strictly prohibited. You may not upload, distribute or post on the Site any content that is defamatory, obscene, threatening, constitutes an invasion of privacy or infringes upon the rights to commercial exploitation of the image, that is offensive, illegal , or reprehensible that constitute or incite to commit an offense, which constitutes a violation of rights of a nature to incur its responsibility, or to violate any law. You may not upload commercial content to the site or use the site to induce others to join or become a member of another online sales service or other organization
6.10. Involvement of third parties. If you expressly give permission to a third party to connect to your account, either through the product / service of that third party, or through your account ALOCMANTEAUX INC., You acknowledge that giving permission to a third party third parties to perform specific acts on your behalf does not constitute a waiver of your liability under this Agreement. In addition, you acknowledge and agree to release ALOCMANTEAUX INC. any liability arising from the actions or omissions of such third parties, in connection with the permissions you grant them.
7. LIMIT OF LIABILITY.
No indirect damage. UNDER NO CIRCUMSTANCES ALOCMANTEAUX (OR ITS SUPPLIERS OR LICENSORS) SHALL HAVE NO RESPONSIBILITY FOR YOU OR ANY THIRD PARTY TO THIS AGREEMENT FOR THE PAYMENT OF SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE, OR OTHER CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS OR FOR THE PAYMENT OF LOSS OF OPERATING LOSS RESULTING FROM ANY PRODUCTS OR SERVICES RELATED THERETO, WHETHER BASED ON WARRANTY, CONTRACT, MISCONDUCT, STRICT LIABILITY OR OTHERWISE, EVEN IF BPACKR RENTALS INC. WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
7.2. Limited direct damage. THE OVERALL RESPONSIBILITY OF BPACKR RENTALS INC. (AND ITS SUPPLIERS AND LICENSORS) ARISING FROM PRODUCTS AND SERVICES RELATED TO THEM, WHETHER BASED ON WARRANTY, CONTRACT, MISCONDUCT, STRICT LIABILITY OR OTHERWISE, MAY NOT EXCEED RENTAL CHARGES. APPLICABLE PAID BY YOU FOR THE PRODUCT AND / OR SERVICE CONCERNED.
7.3. Result of your use at your own risk. YOU ASSUME YOUR SOLE AND EXCLUSIVE LIABILITY FOR ALL CLAIMS AGAINST YOU AND / OR FOR ANY DAMAGES RESULTING FROM THE USE OF THE PRODUCTS DURING THE RENT PERIOD.
7.4. Third parties to the contract. In order to provide added value to our users, ALOCMANTEAUX INC. may associate with sites owned by third parties. However, even if these third parties are associated with ALOCMANTEAUX INC. The latter has no control over these linked sites which have different data collection methods and have nothing to do with ALOCMANTEAUX INC. These links to other sites are provided for your convenience only, and so you access them at your own risk.
This Agreement includes all clauses, agreements and provisions between You and ALOCMANTEAUX INC. concerning the subject matter of this Agreement, and constitutes the final, complete and exclusive wording of the terms of the Contract, and it cancels and replaces any prior written or oral agreement, understanding or commitment in relation to the subject of this Agreement. Contractual modifications may be made exclusively by ALOCMANTEAUX INC. We reserve the right to terminate or modify the Agreement at any time at our discretion. Such a decision is effective upon your notification of such termination or modification. The waiver of any clause or breach shall have no effect on any other clause of the Agreement. This Agreement shall be governed by and construed in accordance with the laws of the Province of Quebec, except its principles of conflict of laws, without regard to the choice of provisions, and not by the United Nations Convention of 1980 relating to Contracts. of International Sale of Goods. You may not assign this Agreement without the prior written consent of ALOCMANTEAUX INC Termination of this Agreement does not relieve you of any of the payment obligations listed below. Sections 1, 2, 3, 4, 5, 6, 7 and 8 will continue after the termination of this Agreement, in accordance with its terms. If any provision of this Agreement is found to be unlawful, unenforceable, or in conflict with any law of any authority having jurisdiction over this Agreement, the remaining provisions or provisions shall remain in full force and effect. . ALOCMANTEAUX INC. will not be held liable for any breach of its contractual obligations for causes beyond its reasonable control, including but not limited to fires, earthquakes, supply disruptions, other natural disasters , blockades of war, and / or riots or acts of terrorism. Any dispute relating to this Agreement will be submitted to the Judicial District of Montreal, Quebec, Canada.