Jean-Paul Fortin

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Terms and Conditions

TERMS AND CONDITIONS OF SALE

Last update: March 27, 2008

When You make a purchase through the website www.jeanpaulfortin.com (hereinafter the «Website »), your purchase is subject to the terms and conditions of sale provided hereinafter, which are setting forth the agreement (hereinafter the « Agreement » or the « Terms and Conditions of Sale ») between You (hereinafter: «You » or the « User ») and Jean-Paul Fortin (1997) Inc., doing business under the name of Jean-Paul Fortin (« JEAN-PAUL FORTIN »). These Terms and Conditions of Sale may be modified from time to time by JEAN-PAUL FORTIN, at its sole discretion, without notification.

Unless a specific provision is provided in The Terms and Conditions of Sale, the Terms and Conditions of Use of the Website and the Privacy Policy will continue to govern the rights and obligations of the User and JEAN-PAUL FORTIN. By browsing and accessing this Website, You hereby acknowledge that You have read all other agreements, terms and policies and You accept and agree to be bound by their terms and conditions.

Notwithstanding the aforementioned, the Terms and Conditions of Sale set forth shall govern the rights and obligations of the User and shall supersede and take precedence over the provisions of other policies of JEAN-PAUL FORTIN. Use of the masculine gender throughout this document includes the feminine gender and is to be understood as meaning « person ». In the event of any inconsistency between the provisions of this Agreement and those of the other policies of JEAN-PAUL FORTIN, the provisions of this Agreement shall govern. Certain additional terms and conditions may apply to purchase of products and or the use of other portions of this Website.

PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OF SALE DESCRIBED HEREIN BEFORE MAKING A PURCHASE THROUGH THIS WEBSITE.

1.         Agreement

While accessing and browsing this Website, the User may select and purchase all marketed products offered for sale by JEAN-PAUL FORTIN by placing an order through the Website in accordance with the conditions set forth herein. An order made through the Website by the User will not bind JEAN-PAUL FORTIN until the transaction is completed and accepted by JEAN-PAUL FORTIN. A transaction will be considered completed and final after your offer is accepted by JEAN-PAUL FORTIN, which will thereafter confirm the formation of the contract of sale between You and JEAN-PAUL FORTIN.

2.         Consent to the Terms and Conditions of Sale

 

When purchasing through the Website, You hereby acknowledge and agree to be bound by the Terms and Conditions of Sale set forth therein. You also represent that You are of the legal age to enter into this Agreement and to give your full consent. It is strictly prohibited for children or any person under the age of thirteen (13) years to make a purchase or a transaction through the Website.

3.         Description and Availability of the Product

JEAN-PAUL FORTIN makes no warranty or representation regarding the description and/or picture (illustration) of the products offered or advertised on the Website. Those description and/or picture (illustration) are only provided as indications for the User. Therefore, the User acknowledges and agrees that the description of the products may slightly vary from the original product offered to the User.

THE INFORMATION APPEARING ON THE WEBSITE IN REGARD TO THE PRODUCTS, THEIR PRICE AND THEIR AVAILABILITY MAY CHANGE FROM TIME TO TIME WITHOUT PRIOR NOTIFICATION. ANY SUCH MODIFICATION MADE SHALL NOT ENGAGE JEAN-PAUL FORTIN’S LIABILITY.

Hence, some models, colors or sizes of products may not be available, from time to time, for immediate delivery. Any such unavailability shall not engage JEAN-PAUL FORTIN’s liability. In the event that a product ordered is unavailable at the time of delivery, JEAN-PAUL FORTIN will notify the User by e-mail of such lack of availability and may, at its sole discretion, cancel the order made with respect to such unavailable product. Any payment processed at the time of the cancellation of an order will be refunded by reversing the charges applied on the credit card of the User with no liability on JEAN-PAUL FORTIN’s part.

 

4.         Order of the Product(s)

After having filled up the information pertaining to the purchase of a product, the User shall first submit his order. Thereafter, the User will be requested to confirm his order. Before submitting his final order on the Website by pressing the « confirm order » button, the User is responsible for ensuring the accuracy of the product selection in regard to the product size, quantity, color and price as well as of the details concerning billing and invoicing. As the case may be, the User is responsible to correct any error or inaccuracy. If it is impossible for the User to correct the error or inaccuracy, he shall promptly advise JEAN-PAUL FORTIN of same in writing. Once a final order is submitted to JEAN-PAUL FORTIN, the User shall receive an acceptance e-mail from JEAN-PAUL FORTIN indicating that the transaction has been processed along with a detailed invoice and the Agreement in an electronic format, the whole within a delay of fifteen (15) days. The User is the sole responsible for ensuring the accuracy of the order, to print and keep a copy of the acceptance e-mail, the invoice and the Agreement. A delay of thirty (30) days is allowed to the User from the date of the e-mail in order to contact, inform and demonstrate to JEAN-PAUL FORTIN any error or inaccuracy on the billing invoice. At the expiration of this delay, the exactitude of the billing invoice will be presumed.

5.         Price

The purchase price for a product ordered is the price shown on the Website plus all applicable taxes and charges. The prices are quoted in Canadian dollars.

JEAN-PAUL FORTIN strives to abide by the industry standards of accuracy in product and pricing information. Nevertheless, prices displayed on the Website may contain errors. In the event of a material pricing error, JEAN-PAUL FORTIN reserves its right, at its sole discretion, to cancel any order and to fully refund the User if the payment has been processed. JEAN-PAUL FORTIN shall oversee the correction of the information on the Website accordingly.

JEAN-PAUL FORTIN reserves its right to modify, at its convenience, the pricing information displayed on the Website without prior notice to the User. The pricing information on the Website may differ from JEAN-PAUL FORTIN’s in-store pricing for the same product.

6.         Taxes and Shipping

The User shall pay all applicable provincial and federal sales taxes along with shipping and handling charges plus the purchase price of the selected product(s). The User is responsible for the payment of the shipping charges according to the price list available on the Website at the time of the transaction. The shipping charges are subject to change, without prior notification, depending on the delivery option chosen by the User and the distance of delivery.

7.         Payment Terms

Payment of the amount for the purchase of a product or any other items through the Website has to be made by Visa MC or Master Card MC credit card according to the User’s choice, unless some other pre-arranged method of payment has been accepted by JEAN-PAUL FORTIN at the time of the transaction. In order to complete the payment, the User shall provide his valid credit card number, the expiry date and the cardholder name.

The Website uses the Moneris MC secured transaction system which ensures the safety of the financial and personal information given by the User while making a purchase or a transaction through the Website.

8.         Shipping Terms

JEAN-PAUL FORTIN will ship the product(s) ordered accordingly with the delivery option chosen by the User at the address indicated by the User. The User shall choose the delivery option and must pay the shipping charges accordingly. Delivery times specified on the Website are only provided as estimations and shall not be construed as warranties. JEAN-PAUL FORTIN will not be liable for any delay related to the shipping, for any damages, direct or indirect, that the User may suffer.

JEAN-PAUL FORTIN will only ship the products purchased within the boundaries of Canada. No delivery will be made to a postal box. Certain restrictions and conditions may apply in some provinces or territories where the distance is important and the shipping too difficult and/or costly.

9.         Ownership of the Product and Risk of Loss

A product purchased through the Website is delivered to the User by a third party delivery company pursuant to a contract of delivery with the User. This delivery company is completely independent from JEAN-PAUL FORTIN and does not act as an associate or affiliate.

The User will become the owner of the purchased product(s) and will assume the risks of loss immediately upon delivery of the product(s) to the third party delivery company by JEAN-PAUL FORTIN.

10.       Return Policy and Cancellation Terms

The User who wishes to cancel his purchase of products immediately after having completed a transaction may do so by contacting directly the customer service representative of JEAN-PAUL FORTIN at 1-418-845-5369 (Toll free : 1-877-683-0436) or by e-mail at the following address info@jeanpaulfortin.com. Moreover, the User has a thirty (30) day delay following the purchase date indicated on the invoice during which, he has the option to return any unworn product purchased through the Website, in its original package, along with the original copy of the invoice, either by going to any of JEAN-PAUL FORTIN store or by returning the product, by courier, at his own charges.

In the event of a cancellation or return, shipping charges are non-refundable. Upon return of a product, a representative from JEAN-PAUL FORTIN will credit the price paid on the same credit card used to process the transaction.

11.       Representations of the User

The User hereby represents and warrants that he understands all the terms and conditions applying to a purchase through the Website and the provisions of this Agreement. The User represents to JEAN-PAUL FORTIN that all purchase of products made through the Website is intended for personal use only and not for resale, distribution or commercialization to any third party. The User understands that he cannot, at any time, assign his rights or obligations under the Terms and Conditions of Sale. Moreover, the User represents and warrants that his personal information given to JEAN-PAUL FORTIN for billing purposes is accurate. The User represents and warrants that he is the legitimate cardholder of the credit card used for the purpose of any given transaction. Finally, the User represents and warrants that he is not a child or a person under the age of thirteen (13) years.

12.       Representations of  JEAN-PAUL FORTIN

JEAN-PAUL FORTIN, a division of Jean-Paul Fortin (1997) Inc., is duly constituted under Part 1-A of the Quebec Companies Act. Its head office is located at 2050, de Celles, Quebec City (Quebec), Canada, G2C 1X8.

JEAN-PAUL FORTIN represents that it will render all services related to a purchase through the Website in accordance with the industry standards in respect to diligence and professionalism but makes no representations that the use of the Website will be uninterrupted or error-free. 

JEAN-PAUL FORTIN hereby declares that the information contained on the Website is as accurate as possible, to the best of its knowledge, but makes no representations that the information on the Website is complete, exact or error-free.

JEAN-PAUL FORTIN will update the information on the Website when necessary and within a reasonable period of time. Nevertheless, any given modification of the information on the Website may not engage the liability of JEAN-PAUL FORTIN for any prejudice or damages, direct or indirect, which may affect the User.

JEAN-PAUL FORTIN represents and warrants that it will contact and inform the User, by e-mail or by telephone, as soon as possible, in the event a problem relating to a purchase or a transaction through the Website is brought to its attention.

13.       Exclusions of Warranty and Liability Limitation

JEAN-PAUL FORTIN SHALL NOT BE LIABLE FOR ANY DAMAGES DIRECT OR INDIRECT, HOWSOEVER CAUSED (INCLUDING BUT NOT LIMITED TO, ANY LOSS OF PROFIT OR SAVINGS, LOSS OF USE  OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA), ECONOMIC  DAMAGES OR PUNITIVE DAMAGES ARISING OUT OF A PRODUCT SOLD BY JEAN-PAUL FORTIN OR OTHERWISE RELATED TO THIS AGREEMENT OR A TRANSACTION CONDUCTED ON OR FROM THE WEBSITE EVEN IF JEAN-PAUL FORTIN OR ONE OF ITS CONTRACTORS, MANDATARIES, LEGITIMATE EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM(S).

IN NO EVENT WILL JEAN-PAUL FORTIN’S TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) BE FOR MORE THAN THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCT(S) ORDERED UNDER THIS AGREEMENT AND TO WHICH THE CLAIM RELATES. IN NO EVENT WILL JEAN-PAUL FORTIN BE LIABLE TO YOU FOR DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF DATA TRANSMISSION ERRORS OR PROBLEMS, DAMAGES ATTRIBUTABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS, JEAN-PAUL FORTIN’S CONTRACTORS, THE INTERNET BACKBONE, THIRD-PARTY SUPPLIERS OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS, MANDATARIES OR SUBCONTRACTORS, OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF JEAN-PAUL FORTIN.

NOTWITHSTANDING THE AFOREMENTIONED, NOTHING IN THIS PROVISION SHALL LIMIT ANY RIGHTS YOU MAY HAVE AS A CONSUMER ACCORDING TO PUBLIC ORDER STATUTORY PROVISION UNDER A PROVINCIAL OR A FEDERAL LAW.

For the purpose of the foregoing provision, « JEAN-PAUL FORTIN » is deemed to include all of JEAN-PAUL FORTIN’s affiliates and also its directors, management, employees, and mandataries.


This provision shall survive the termination or expiry of this Agreement.

14.       Miscellaneous Provisions

The Terms and Conditions of Sale are subject to the following general provisions:

14.1     Governing Laws

 

The Terms and Conditions of Sale as well as its execution, interpretation, validity and effects are subject to the laws of the Province of Quebec and to the laws of Canada applicable.

14.2     Severability

 

If any provision of the Terms and Conditions of Sale is deemed to be invalid, non-written or unenforceable, such provision shall be deemed severable and shall not affect the validity and enforceability of any other remaining provisions of the Agreement.

14.3     Arbitration

 

Any dispute or claim arising out of, relating to, or having any connection with, the present Terms and Conditions of Sale, shall be referred to and finally resolved by a sole arbitrator (hereinafter « Arbitration Tribunal » or « Arbitrator » according to the following procedure: a party intending to submit a dispute to the Arbitration Tribunal must notify the other party of his request to refer to a sole arbitrator approved by all concerned parties, specifying the matter in dispute.

If the parties fail to concur on the choice of a sole arbitrator within a period of fifteen (15) days from the date of service of the notice, a sole arbitrator shall be appointed by a judge sitting in the judicial district of Quebec. The arbitration award will be final and without appeal and will bind the parties and shall be made by the Arbitrator in the best possible delay. The fees and costs of arbitration shall be shared equally between the parties unless the Arbitrator decides otherwise, as he may, at its sole discretion. The arbitration is subject to the provisions of the Civil Code of Quebec and the Code of Civil Procedure. Some laws do not allow mandatory arbitration for consumer matters. As a result, the present provision may not apply to You.

14.4     Injunctive Relief

Notwithstanding the arbitration provision herein or any other provision of the Terms and Conditions of Sale, JEAN-PAUL FORTIN shall have the right to seek and obtain any injunctive relief, provisional, interim or permanent, from any court of competent jurisdiction to protect its trade-marks or any other intellectual property rights or confidential information or to preserve the status quo pending arbitration.

14.5     Notice and Communication

 

The notice requested or approved according to the present Terms and Conditions of Sale must be made in writing and shall be considered validly received when sent by e-mail or certified mail at the following address:

 

C/O: Customer Service

JEAN-PAUL FORTIN (1997) INC.

O/A JEAN-PAUL FORTIN

2050, de Celles

Québec City, (Québec)

Canada

G2C 1X8

Tel.: 1-418-845-5369

Toll free: 1-877-683-0436

Email : info@jeanpaulfortin.com

 

14.6     Jurisdiction

This Website is controlled and operated by JEAN-PAUL FORTIN from Quebec City, Quebec, Canada. JEAN-PAUL FORTIN makes no representations that the product and price information on the Website is appropriate or available for use in all provinces or territories of Canada.  Purchase and shipping are only available within the boundaries of Canada.

 

TERMS AND CONDITIONS OF USE OF THE WEBSITE

Last update: August 22, 2014

 

1)             Use of the Website and Acceptance of Its Terms and Conditions

 

By accessing the websites of the “Jean-Paul Fortin” (jeanpaulfortin.com) and “Les pieds sur terre” (lespiedssuterre.ca brands (collectively: the «Website »), of Jean-Paul Fortin (1997) Inc. (« JEAN-PAUL FORTIN»), you (hereinafter « You » or the « User ») accept all the terms and conditions of use of the Website (hereinafter the « Terms and Conditions ») set forth therein and acknowledge to be bound by them. Furthermore, by browsing the Website or activating any or all of the hyperlinks of the Website, You confirm your acceptance of the present Terms and Conditions and your understanding of its scope of application are presumed.

If You disagree with the Terms and Conditions set forth therein, please immediately discontinue browsing the Website by ending your session.

JEAN-PAUL FORTIN reserves its right to revise and modify the terms of the present Terms and Conditions at any time without prior notice. Following the modifications of the present Terms and Conditions, the continued use of the Website will constitute your acceptance of these modifications. You are invited to periodically review the present Terms and Conditions and any modifications thereto.

Use of the masculine gender throughout this document includes the feminine gender and is to be understood as meaning « person ».

1)         Use of the Website and acceptance of the Terms and Conditions

The Website is exclusively addressed to potential or actual customers of JEAN-PAUL FORTIN who currently reside in Canada. No purchase and no shipping of the products displayed on the Website will be made outside the boundaries of Canada. Some restrictions or conditions may apply to the purchase and delivery of products depending on the provinces or territories. 

2)             Restricted Licence of the Website Use

For purposes of browsing on the Website, JEAN-PAUL FORTIN hereby grants to the User a restricted licence allowing the User to access, display, print, download and use the Website in HTML language as well as all the texts, audio clips and video clips, provided that such access and use is made for non-commercial and personal purposes only and that the User comply with the following conditions: 

a)         No content modification of the Website is made;

b)         Every copy and reproduction of the content of the Website shall carry the following copyright notice: © 2014, Jean-Paul Fortin (1997) Inc. All rights reserved.

With the exception of the restricted licence mentioned above, no other use of the intellectual property rights of JEAN-PAUL FORTIN is permitted without obtaining the prior written consent of JEAN-PAUL FORTIN. To do so, the User is invited to contact the Webmaster of JEAN-PAUL FORTIN at the address indicated in the following section: Notice and Communication.

Notwithstanding the generality of the foregoing, every User of the Website agrees not to use any techniques or methods permitting or allowing reproduction, download, transmission, distribution, division, sale, publication or modification, or any partial or complete use of the content of JEAN-PAUL FORTIN’s Website in violation of the Copyright Act, any international treaties applying to the copyrights or other applicable legislation, notably, by using deep links or framing techniques.

In order to allow access to the Website or on-line transactions, JEAN-PAUL FORTIN may authorize the User to download software and/or computer applications from the Website or other Internet sources. These software and/or computer applications are protected by copyrights. Their download and use are governed by the specific licence agreements in regard to these software and/or computer applications. Should You download any such software or computer applications, You undertake to comply with the terms and conditions of the specific license agreements relating to the use of the software and/or computer applications.

3)             Terms and Conditions of Sale

 

JEAN-PAUL FORTIN offers the User the possibility to make purchases and transactions through the Website in consideration of the payment of a monetary compensation. We invite You to read the Terms and Conditions of Sale that apply to every purchase through the Website by clicking on following hyperlink: Terms and Conditions of Sale.

4)             Account and Password Information

The User who sets up a personal account on the Website is responsible for taking all necessary measures to restrict the access to his account, password and username or personal identifier to anyone. The User undertakes to maintain the confidentiality of his account, password, username and/or personal identifier and shall not authorize someone else to use such data. The User is the sole and only responsible of his personal account. The User remains responsible to promptly inform JEAN-PAUL FORTIN by written notice of any problem, current or potential, affecting his account, password, username or personal identifier. In such a case, the User shall contact JEAN-PAUL FORTIN by e-mail at the following address: info@lespiedssurterre.ca.

5)             Accuracy of the Information and Availability of the Products

 

The Website of JEAN-PAUL FORTIN was conceived to serve informative, advertising and transactional purposes. JEAN-PAUL FORTIN uses its best efforts to assure that the compilation of the information contained on the Website is accurate as much as possible at its initial presentation. Nevertheless, some information may, from time to time, become erroneous, incomplete or inexact. Also, the information contained on the Website may become outdated.

The Website of JEAN-PAUL FORTIN is governed by some technological, technical, graphic and typographic standards which are, in some cases, beyond the control of JEAN-PAUL FORTIN. In no circumstances, JEAN-PAUL FORTIN shall be held responsible for any prejudice or damages, direct or indirect, resulting from the loss of computer, server, other computer equipment, program and/or data, or any other loss or technical problems, suffered by the User while browsing or using the Website.

Should the User finds errors or inexact information contained on the Website or experiences technical difficulties while using the Website, the User accepts to notify JEAN-PAUL FORTIN’s Webmaster without any delay, by e-mail, at the following address: info@lespiedssurterre.ca.

Notwithstanding the foregoing, JEAN-PAUL FORTIN makes no warranty or representation regarding the description and/or picture (illustration) of the products offered or advertised on the Website. Those description and/or picture (illustration) are only provided as indications for the User. Therefore, the User acknowledges and agrees that the description of the products may slightly vary from the original product offered to the User.

THE INFORMATION APPEARING ON THE WEBSITE IN REGARD OF THE PRODUCTS, THEIR PRICE AND THEIR AVAILABILITY MAY CHANGE FROM TIME TO TIME WITHOUT PRIOR NOTIFICATION. ANY MODIFICATION MADE SHALL NOT ENGAGE JEAN-PAUL FORTIN’S LIABILITY. Hence, some models, colors or sizes of products may not be available from time to time, in which case, JEAN-PAUL FORTIN shall not be held responsible.

6)             Intellectual Property

 

With the exception of the works of authorship licensed and/or the hyperlinks appearing on the Website, JEAN-PAUL FORTIN is the sole owner of all the intellectual property rights in connection with the content of the Website including, but not limited to, the articles, texts, pictures, images, illustrations, audio clips, video clips, User interface as well as data and database.

Without limiting the foregoing, JEAN-PAUL FORTIN is the sole and exclusive owner of the trade-marks used on the Website or, otherwise, they belong to their respective owners. The User agrees not to use any trade-marks displayed on the Website without obtaining a prior written consent from JEAN-PAUL FORTIN or their respective owners. The following trade-marks are owned by JEAN-PAUL FORTIN: « JEAN-PAUL FORTINTM », « LES PIEDS SUR TERRETM », « APOSTROPHETM », « SCARLETTM », « LE PLACARDTM » and the corresponding logos. In addition, JEAN-PAUL FORTIN may be the owner of other trade-marks related to names, words, advertising slogans, logos, drawings, and graphics that may be displayed, from time to time, on the Website.

In the event a third party trade-mark is displayed on the Website through a hyperlink or otherwise, the inclusion of such hyperlink by JEAN-PAUL FORTIN shall not be construed a “use” of this trade-mark within the meaning of the Trade-marks Act and/or a representation from JEAN-PAUL FORTIN that it is an affiliate or an associated owner of such trade-mark.

7)             Hyperlinks

 

The Website of JEAN-PAUL FORTIN may contain hyperlinks redirecting the User to other external websites owned by third parties, hosted on external servers, different from the one of JEAN-PAUL FORTIN. The User acknowledges that, by the activation of such hyperlinks, the User automatically leaves the Website of JEAN-PAUL FORTIN. The activation of hyperlinks redirecting to external websites shall not be interpreted as an affiliation or association that may bind JEAN-PAUL FORTIN to the owner of the external websites’ rights.

Given that JEAN-PAUL FORTIN cannot exercise any control over the content of external websites, JEAN-PAUL FORTIN shall not be held responsible for any prejudice and damages that may result from the inaccuracy or non conformity of the external websites’ content. Activation of the hyperlinks displayed on the Website is made at the User’s own risk.

8)             Privacy

 

JEAN-PAUL FORTIN takes reasonable measures and uses its best efforts to ensure the Website respects, as much as possible, Quebec and Federal legislation in matters of privacy. For this reason, the browsing on the Website, including on-line purchases, is governed by the Privacy Policy of JEAN-PAUL FORTIN which aims, among others, to inform the User on the type of personal information that may be collected, used or disclosed to a third party in some specific cases. The Privacy Policy provides a mechanism permitting the User to access his personal information and to rectify, if necessary, such information. The User may access the Privacy Policy by clicking the following hyperlink: Privacy Policy.

9)             Communication by email or by other electronic means

JEAN-PAUL FORTIN may communicate with a User by emails or other electronic means such as texts or even social media messages, in particular with Users who have made the purchase of products, sent information requests, enrolled to publicity contests, signed up to one of its newsletters or one of the pages of JEAN-PAUL FORTIN on social media (such as Facebook, Instagram or Pinterest). The communications made by or with JEAN-PAUL FORTIN may be considered commercial electronic messages (“CEM”) pursuant to Canada’s Anti-Spam Legislation (“CASL”) and its related regulations. Even if CASL may exempt JEAN-PAUL FORTIN from seeking consent from a User before the sending of a CEM, JEAN-PAUL FORTIN has a policy of seeking the express consent of a User prior to the sending of a CEM in addition of allowing any given User the ability to unsubscribe in order to cease, at its will, from receiving CEMs from JEAN-PAUL FORTIN by clicking on a “unsubscribe” icon or by sending an email at the address info@jeanpaulfortin.com or by communicating by telephone at the following number 1-418-845-5369 (Toll Free: 1-877-683-0436). If You believe that You received a CEM from JEAN-PAUL FORTIN while You should have not, You are invited to immediately contact the appropriate representative at the coordinates hereunder and JEAN-PAUL FORTIN will undertake the reasonably necessary steps to rectify the situation in a timely manner (within 10 business days).

10)          Warranty Exclusions

JEAN-PAUL FORTIN makes no representation or warranty in regard of the functionality of the Website, the suitability for use, or that its use will be uninterrupted or error-free. JEAN-PAUL FORTIN makes no representation or warranty that the server from which the Website is operated is or will be free from viruses or other harmful components. THE COMPONENTS OF THE WEBISTE ARE PROVIDED TO YOU « AS IS » WITHOUT ANY WARRANTY, EXPRESSED OR IMPLIED OF ANY NATURE WHATSOEVER. JEAN-PAUL FORTIN AND ITS LICENSORS DISCLAIM ALL WARRANTIES OR CONDITIONS, WRITTEN OR ORAL, LEGAL OR CONVENTIONAL, INCLUDING THE WARRANTY OF QUALITY, DURABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The exclusions mentioned in this present provision are in addition to any specific exclusion provided in the present Terms and Conditions. Some federal or provincial laws do not allow the exclusion of certain warranties; as a result, the present provision of the Agreement may not apply to You.

11)          Children and Person Under the Age of Thirteen (13)

 

The Website and the advertisement contained therein are not directed to children or to persons under the age of thirteen (13) years. A purchase through the Website must be made by credit card in order to avoid any transaction without a valid consent from children or persons under the age of thirteen (13) years. It is strictly prohibited for children or any person under the age of thirteen (13) years to make a purchase or a transaction through the Website.

Any use of the Website by a person under the age of thirteen (13) years who has not reached majority should be supervised by an adult over the age of eighteen (18) years.

12)          Termination

JEAN-PAUL FORTIN reserves the right, at its sole discretion and without prior notice, to deactivate the personal account of the User, to cancel a transaction, a purchase or an order, or to restrict access to the Website when the acts of the User are in violation with the present Terms and Conditions or JEAN-PAUL FORTIN is made aware that non-authorized transactions are made or could have been made by or from the User’s personal account.

13)          Miscellaneous Provisions

 

The Terms and Conditions are subject to the following general provisions:

12.1     Governing Law

 

The Terms and Conditions as well as its execution, interpretation, validity and effects are subject to the laws of the Province of Quebec and to the applicable laws of Canada.

12.2     Severability

 

If any provision of the Terms and Conditions is deemed to be invalid, non-written or unenforceable, such provision shall be deemed severable and shall not affect the validity and enforceability of any other remaining provisions of the Agreement.

12.3        Arbitration

Any dispute or claim arising out of, relating to, or having any connection with the present Terms and Conditions, shall be referred to and finally resolved by a sole arbitrator (hereinafter « Arbitration Tribunal » or « Arbitrator ») according to the following procedure: a party intending to submit a dispute to the Arbitration Tribunal must notify the other party of his request to refer to a sole arbitrator approved by all concerned parties, specifying the matter in dispute.

If the parties fail to concur on the choice of a sole arbitrator within a period of fifteen (15) days from the date of service of the notice, a sole arbitrator shall be appointed by a judge sitting in the judicial district of Quebec. The arbitration award will be final and without appeal and will bind the parties and shall be made by the Arbitrator in the best possible delay. The fees and costs of arbitration shall be shared equally between the parties unless the Arbitrator decides otherwise, as he may, at its sole discretion. The arbitration is subject to the provisions of the Civil Code of Quebec and the Code of Civil Procedure. Some laws do not allow mandatory arbitration. As a result, the present provision may not apply to You.

12.4     Injunctive Relief

Notwithstanding the previous arbitration provision or any other provision of these Terms and Conditions, JEAN-PAUL FORTIN shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-marks or other intellectual property rights or confidential information or to preserve the status quo during the pending arbitration.

12.5     Notice and Communications

 

The notice requested or approved according to the present Terms and Conditions must be made in writing and shall be considered validly received when sent by e-mail or certified mail at the following address:

 

C/O: Customer Service

JEAN-PAUL FORTIN (1997) INC.

2050, de Celles

Québec City, (Québec)

Canada

G2C 1X8

Tel.: 1-418-845-5369

Toll free: 1-877-683-0436

Email: info@jeanpaulfortin.com.

 

12.6     Jurisdiction

 

This Website is controlled and operated by JEAN-PAUL FORTIN from Quebec City, Quebec, Canada. JEAN-PAUL FORTIN makes no representation that the product and price information on the Website is appropriate or available for use in all provinces or territories of Canada.  Purchase and shipping are only available within the boundaries of Canada. Anyone who decides to access the Website from another province or territory does so willingly and shall comply with all local applicable laws, as the case may be.