Terms and conditions of sale of Karine Joncas Cosmétiques Inc.
This agreement (hereinafter the “convention“) sets out the terms and conditions that apply to any purchase (hereinafter the “product“) from the online platform www.karinejoncas.ca, owned by Karine Joncas Cosmétiques Inc. Karine Joncas Cosmétiques Inc. is an incorporated corporation under the Corporations Act, headquartered at 555 Chabanel Street West, Suite 1402, in the city of Montreal, Quebec (H2N 2H8), Canada (hereinafter the “company“). The latter reserves the right to modify or supplement these terms of sale.
However, when the Consumer Protection Act applies, the company will notify the platform users 30 days prior to the change in this case. These amendments will come into force 30 days after new provisions are added to the convention and put online. If the user refuses these changes and wishes to terminate the contract, he will have no more than thirty (30) days after the amendments come into force to send a notice to the company and resolve, without charge or penalty, his obligations to the company.
The terms “you” and “your” refer to the person who purchases products (hereinafter the “buyer“) through the company’s website (hereinafter “platform”) on its own behalf. The buyer is the contracting person with the company and the direct user of the product. By using this platform to purchase products online, you agree to these terms and conditions and agree to be linked to them. You declare that you are of the age required to conclude this convention and that you are bound by its provisions. This convention contains important information about your rights and obligations and sets out the restrictions and exclusions to which you may be subject.
For more information about your rights and obligations, we suggest that you review the laws and regulations applicable to this area.
1. PERMISSION TO USE ELECTRONIC DOCUMENTS
Hereby, you authorize the exchange of documents and information between you and the company via the Internet or by email. You agree that this agreement (as well as any confirmation of order accepted by the company as indicated in Article 4) amounts to an original written agreement between you and the company. You also agree that all of the agreements, notices, information and other communications we send to you electronically meet the legal requirements by which these communications must be made.
2. OTHER DOCUMENTS, AGREEMENTS AND POLICIES
The characteristics of the product sold by the company are defined on the platform. The price of the product and any other terms and conditions are also set on the platform.
The posting of this information on the platform is valid, but the company reserves the right to modify this information at its convenience, in accordance with applicable legal and regulatory provisions.
When ordering a product using the platform, you must approve it. After selecting the product on the platform, an order confirmation page will show the product(s) ordered, the buyer’s name, purchase price, shipping costs and applicable taxes. When you approve your order, the order thus submitted is an acceptance of the offer made by the company for the purchase of the product described in the order confirmation.
Following the order, all this information can be found in a confirmation email that will be sent to the buyer by the company.
When ordering a product through a purchase order (available on the platform or through a distributor), the sale is made following the confirmation by the company of the receipt of the purchase order.
The company’s acceptance of your order is certified by an email sent by the company.
An order does not bind the company until it is fully paid.
Following the confirmation of the order, an invoice will be sent to you by mail at the same time as the order, to the address that the buyer indicated when ordering, by mail or you can download it on the platform.
5. PRODUCT AVAILABILITY
The availability of certain products may be limited. The company may modify or remove products at any time without notice. If an ordered product is not or no longer available, the company will notify you by email and your order will be automatically cancelled.
6. REGISTRATION, USERNAME AND PASSWORDS
Some of the features available on the platform require registration.
If you choose to register for such a feature, you agree to provide truthful and up-to-date information about you, as required by the registration process, and to update that information promptly if necessary so that to ensure that it remains fair and complete.
You recognize that you are responsible:
- Maintain the confidentiality of the passwords you choose or are assigned to you as a result of your registration;
- Any activity that takes place under your username or password; And
- Logout of your account at the end of each session.
In addition, you agree to notify the company of any unauthorized use of your username or password. In the event that you fail to meet the obligations set out in this article, the company will not be liable for any losses or damages resulting from it.
7. ACCOUNT SUSPENSION, ACCESS RESTRICTION AND TERMINATION
In the event that a buyer violates the provisions of this agreement or the company’s terms and conditions of use, or if the company has reason to believe that this is necessary to protect the safety or integrity of other purchasers or for reasons of prevention or investigation of fraud, the company reserves the right to :
- Prohibit publication or delete any message, advertisement, content posted by the offensive user;
- Restrict access and use of the platform to the user in question and
- Temporarily or permanently, suspend your account.
The company’s platform should not be used for purchase by minors.
All prices are, in the absence of a contrary indication, in Canadian dollars and do not include any tax, shipping costs or other fees.
Although the company strives to provide an accurate description of its prices, there is still a risk of error. The company then reserves the right to correct its prices and any incorrect information, to change the prices of the product or any other amendment to this agreement, at any time, in accordance with applicable legal and regulatory provisions.
Subject to applicable laws, if a price is incorrect, the company reserves the right to cancel your order and the fees charged and will contact you to offer to reorder according to the adjusted price or to refund you according to the terms of this agreement and the applicable legal and regulatory provisions.
10. PAYMENT TERMS
The terms of payment are established by the company at its discretion. The company allows the payment to be made by the following means:
- Credit card
In the second option, the user is redirected to the PayPal website. He can therefore use all the payment methods defined by PayPal: PayPal account, Visa, MasterCard and American Express cards and debit cards.
In all cases, credit or debit card payments must be approved by the financial institution that issued the card. You declare that you are the legally authorized holder to use these cards that will be used to settle the order. The company assures that it does not collect any bank data from the buyers.
In the case of an order by purchase order, the buyer agrees to pay the company within thirty (30) days following the date of issue of the invoice.
11. SHIPPING COSTS, FEES AND OTHER TAXES
The company will ship the products ordered to the shipping address indicated in the order confirmation. The delivery times indicated by the company are approximate. The company is not responsible for damages or costs arising from delivery delays.
Unless otherwise stated, prices do not include shipping and other fees, or applicable federal and provincial sales taxes.
Taxes, shipping and other fees will be presented separately for each order in the order confirmation, as applicable. You must pay all sales taxes, usage taxes, goods and services taxes, harmonized sales taxes and other taxes and commission duties.
12. TRANSFER OF OWNERSHIP AND RISK OF LOSS
Products purchased from the company are delivered by a third-party delivery service under a delivery contract. You become the owner of the products and assume the risk of loss from the time the company transfers the products to the third-party delivery service, namely Canada Post.
13. RETURNS, EXCHANGES AND REFUNDS
The company provides refund, return or exchange policies on a case-by-case basis, after consideration of your request. For any information or questions, please contact customer service at:
1-888-324-4972 (outside Montreal)
14. LOYALTY SCHEME
The company reserves the right to cancel or modify the terms of its loyalty program “KJ Points” or other at any time and at its sole discretion.
15. MAJOR FORCE
The company will not be held liable for the non-performance, in full or in part, of any of its obligations to the purchaser, nor for any damages or losses that the purchaser may suffer if the non-performance, damages of orders or losses result from a major force or a natural disaster.
16. EXCLUSION AND LIMITATION OF LIABILITY
Applicable to Quebec consumers only: the company is not liable for any damage or claim related to the wrong choice or misuse of the product, its modification, misuse of the product or misappropriation of the product.
Non-applicable to Quebec consumers: to the extent that applicable laws permit, all products purchased through the platform are subject only to applicable guarantees from their manufacturers, distributors and suppliers these guarantees exist. These guarantees, if any, are offered to you by the manufacturer, distributor or supplier of the products purchased and not by the company. To the extent permitted by applicable laws, the company does not provide any statement, guarantee or condition, nor does it provide any undertaking, of any kind, expressly or implied, and does not offer, nor can it offer, any guarantee other than that expressly stated on the platform. Without limiting the generality of the provisions that preceding, the company expressly excludes any liability relating to claims related to normal wear or misuse of the product, its modification, an abusive use of the product or misappropriation of the latter. The company’s liability in the event of proceedings arising from these online purchase conditions will be limited to the purchase price paid by the buyer to the company for the order in question.
17. APPLICABLE LAW AND JURISDICTION
This platform and its server are located in the province of Quebec, Canada. This convention must be interpreted in accordance with the laws of the province of Quebec and the laws of Canada that apply in that province. This convention must be regarded in all respects as a remote sales contract governed by the laws of the province of Quebec, regardless of the principles of conflict of laws.
The application of the United Nations convention on the International Sale of Goods is expressly excluded, as is any other international agreement on sales contracts.
18. EXPORT LAWS
Products sold or delivered under this convention are subject to Canada’s export control laws and regulations. You agree to observe and comply with these laws and regulations at all times and to clear the company against claims, damages and liability arising from the violation of these laws and regulations.
19. CONFLICT RESOLUTION
Subject to applicable laws, including the Consumer Protection Act, any dispute between the company and The buyers will be subject to the Competent Courts of the Province of Quebec, the District of Montreal, regardless of the buyer’s place of residence.
Titles are included in this convention for the sole purpose of facilitating consultation and understanding and have no bearing on the interpretation of this convention.
The purchaser may not assign its rights or obligations under this agreement without the express written consent of the company.
The parties are bound by this convention and acknowledge that they have become aware of their reciprocal rights and obligations.
The clauses are interpreted by each other, giving each one the meaning that results from the entire convention.
24. FRENCH AND ENGLISH LANGUAGE
In the event of a problem of definition or interpretation between the French and English versions of these terms of sale, the French version will prevail.
25. ENTIRE AGREEMENT
This convention and the other policies, incorporated herein by reference or mentioned herein, constitute the full agreement between the purchaser and the company in relation to the general terms of sale, platform and transactions made on or from the platform.
They replace any previous agreements or agreements (electronic, verbal or written) concerning the purpose of these agreements, and they can only be amended in writing in accordance with this convention.
26. NO WAIVER
The company’s failure to enforce any provision of this agreement or to remedy a breach of these terms by you or a third party does not mean that the company waives its right to enforce any terms or conditions of this agreement or to respond to similar shortcomings for the future.
I declare that I have read and understood this convention and that the whole of this agreement does not mention any illegible, incomprehensible clause, and accept the entirety of this convention WITHOUT RESERVE.
Last updated on December 19, 2019.