GENERAL CONDITIONS OF SALE AND USE
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OVERVIEW
This website is operated by AWADEX. On this site, the terms "we", "us" and "our" refer to AWADEX. Our store offers this website, including all information, tools and services available there to you, the user, subject to your acceptance of all terms, conditions, policies and notices set forth herein.
By visiting this site and/or purchasing one of our products, you engage in our "Service" and agree to be bound by the following terms and conditions ("General Terms and Conditions of Sale", "General Terms and Conditions of Sale and Use", "Terms"), including the additional terms, conditions and policies referred to herein and/or accessible by hyperlink. These General Terms and Conditions of Sale and Use apply to all users of this site, including but not limited to users who browse the site, who are sellers, customers, merchants, and/or contributors of content.
Please read these Terms and Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these Terms and Conditions of Sale and Use. If you do not agree to all the terms and conditions of this agreement, then you must not access the Website or use the services offered on it. If these General Conditions of Sale and Use are considered as an offer, acceptance is expressly limited to these General Conditions of Sale and Use.
All new features and tools that will be added to this store at a later date will also be subject to these Terms and Conditions of Sale and Use. You can consult the most recent version of the General Terms and Conditions of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions of Sale and Use by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the Website following the posting of any changes constitutes your acceptance of such changes.
Our store is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.
ARTICLE 1 – CONDITIONS OF USE OF OUR ONLINE SHOP
By accepting these Terms and Conditions of Sale and Use, you represent that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any minor dependent on you to use this website.
Use of our products for any illegal or unauthorized purpose is prohibited, nor must you, in connection with the use of the Service, violate the laws of your jurisdiction (including but not limited to copyright laws).
You must not transmit worms, viruses or any other code of a destructive nature.
Any breach or violation of these Terms and Conditions of Sale and Use will result in the immediate termination of your Services.
ARTICLE 2 – GENERAL CONDITIONS
We reserve the right to refuse access to the Services to any person at any time for any reason.
You understand that your content (excluding your credit card information) may be transferred in an unencrypted manner, and this implies (a) transmissions over various networks; and (b) changes to comply with and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service or use of the Service, or any access to the Service or contact on the website, through which the Service is provided, without our express prior written permission.
The headings used in this agreement are included for your convenience, and will not limit or affect these Terms.
ARTICLE 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information available on this site is not accurate, complete or up-to-date. The content of this site is provided for informational purposes only and should not be your sole source of information for making decisions without first consulting more accurate, complete and up-to-date sources of information. If you decide to rely on the content presented on this site, you do so at your own risk.
This site may contain certain previous information. This previous information, by its nature, is not up to date and is provided for information purposes only. We reserve the right to change the content of this site at any time, but we have no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.
ARTICLE 4 – CHANGES TO THE SERVICE AND PRICES
The prices of our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (and any part or content of the Service) without notice and at any time.
We will not be liable to you or any other third party for any price change, suspension or discontinuance of the Service.
ARTICLE 5 – PRODUCTS OR SERVICES (if applicable)
Some products or services may be exclusively available online on our website. These products or services may be available in limited quantities and may only be returned or exchanged in accordance with our Return Policy.
We have done our best to display as clearly as possible the colors and images of our products that appear on our shop. We cannot guarantee that the display of colors by your computer screen will be accurate.
We reserve the right, but are not obligated to do so, to limit sales of our products or services to any person, and in any geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions and product prices are subject to change at any time without notice, in our sole discretion. We reserve the right to stop offering a product at any time. Any offer of service or product presented on this site is void where prohibited by law.
We do not warrant that the quality of any products, services, information, or other merchandise you have obtained or purchased will meet your expectations, or that any errors in the Service will be corrected.
ARTICLE 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, reduce or cancel quantities purchased per person, per household or per order. These restrictions could include orders placed by or from the same customer account, credit card, and/or orders that use the same billing and/or shipping address. In the event that we change an order or cancel it, we may attempt to notify you by contacting you at the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, may appear to be from merchants, resellers or distributors.
You agree to provide current, complete and accurate order and account information for all orders placed on our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can prompt us to complete your transactions and contact you if necessary.
For more details, please see our Return Policy.
ARTICLE 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we do not track, control or influence.
You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis, without any warranties, representations or conditions of any kind and without any endorsement. We will have no legal liability arising out of or related to the use of these optional third-party tools.
If you use the optional tools offered on the Site, you do so at your own risk and discretion, and you should review the terms under which such tools are offered by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features on our site (including new tools and resources). These new features and services will also be subject to these General Terms and Conditions of Sale and Use.
ARTICLE 8 – THIRD PARTY LINKS
Certain content, products and services available through our Service may include materials from third parties.
Links from third parties on this site may redirect you to third party websites that are not affiliated with us. We are under no obligation to review or evaluate the content or accuracy of such sites, and we do not warrant or assume any responsibility for any content, website, product, service or other material accessible on or from such third party sites.
We are not responsible for any harm or damage related to the purchase or use of goods, services, resources, content, or any other transaction made in connection with these third-party websites. Please read the policies and practices of third parties carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding the products of these third parties must be submitted to these same third parties.
ARTICLE 9 – COMMENTS, SUGGESTIONS AND OTHER PROPOSALS FROM USERS
If, at our request, you submit specific content (for example, to enter contests), or if without a request from us, you send creative ideas, suggestions, proposals, plans or other elements, whether online, by e-mail, by post, or otherwise (collectively, "comments"), you grant us the right, at any time, and without limitation, to edit, copy, publish, distribute, translate and otherwise use and in any media any comments you send to us. We are not and shall not be required to (1) maintain the confidentiality of comments; (2) to pay compensation to any person for any comments provided; (3) to respond to comments.
We may, but have no obligation to do so, monitor, edit or remove content that we believe, in our sole discretion, to be illegal, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these Terms of Sale and Use.
You agree to write comments that do not violate the rights of third parties, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. You also agree that your comments will not contain any illegal, defamatory, offensive or obscene content, nor will they contain computer viruses or other malicious software that could affect in any way the operation of the Service or any other related website. You may not use a false email address, pretend to be someone you are not, or attempt to mislead us and/or third parties as to the origin of your comments. You are fully responsible for all comments you post and their accuracy. We assume no responsibility and disclaim any commitment to any comments you post or any other third party post.
ARTICLE 10 – PERSONAL INFORMATION
The submission of your personal information to our store is governed by our Privacy Policy. Click here to view our Privacy Policy.
ARTICLE 11 – ERRORS, INACCURACIES AND OMISSIONS
There may sometimes be information on our site or in the Service that may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping costs, delivery times and availability. We reserve the right to correct any errors, inaccuracies, omissions, and to change or update information or cancel orders, if any information in the Service or on any other related website is inaccurate, at any time without notice (including after you have placed your order).
We are under no obligation to update, modify or clarify information in the Service or on any other related website, including but not limited to pricing information, except as required by law. No set date of update or refresh in the Service or on any other related website should be taken into account to conclude that the information in the Service or on any other related website has been modified or updated.
ARTICLE 12 – PROHIBITED USES
In addition to the prohibitions set forth in the General Terms and Conditions of Sale and Use, you are prohibited from using the Site or its content: (a) for illegal purposes; (b) to induce or participate in illegal acts; (c) to violate any regional ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, injure, defame, slander, disparage, intimidate or discriminate against anyone on the basis of sex, sexual orientation, religion, ethnic origin, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in a manner that compromises the functionality or operation of the Service or any other associated, independent, or Internet website; (h) to collect or track the personal information of others; (i) to spam, phish, hijack a domain, extort information, browse, crawl or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to undermine or circumvent the security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating the prohibited uses.
ARTICLE 13 – EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
We do not warrant or imply that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not guarantee that the results that may be obtained through the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without prior notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services provided to you through the Service are (unless expressly stated otherwise by us) provided "as is" and "as available" for your use, without representation, warranties or conditions of any kind, express or implied, including all implied warranties of merchantability or merchantability, adaptation to a particular use, durability, title and absence of counterfeiting.
In no event shall AWADEX, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to loss of profits, revenue, savings, data, replacement costs or any similar damages, whether in contract, tort (even negligent), strict liability or otherwise, resulting from your use of any service or product from this Service, or any other claim related in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind arising out of the use of the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if you have been advised of the possibility of such errors. Because some states or jurisdictions do not allow liability for consequential or incidental damages to be excluded or limited, our liability will be limited to the maximum extent permitted by law.
ARTICLE 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless AWADEX, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Sale and Use or the materials to which they refer, or your violation of any law or the rights of a third party.
ARTICLE 15 – DISSOCIABILITÉ
In the event that any provision of these Terms and Conditions of Sale and Use is found to be illegal, void or unenforceable, such provision may nevertheless be enforced to the fullest extent permitted by law, and the unenforceable part shall be deemed to be severed from these General Terms and Conditions of Sale and Use, such severance shall not affect the validity and enforceability of all other remaining provisions.
ARTICLE 16 – TERMINATION
The obligations and liabilities incurred by the parties prior to the date of termination shall survive the termination of this Agreement for all purposes.
These General Terms and Conditions of Sale and Use are effective unless and until they are terminated by either you or not. You may terminate these Terms and Conditions of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.
If we determine, in our sole discretion, that you fail, or if we suspect that you have been unable to comply with the terms of these Terms and Conditions of Sale and Use, we may also terminate this agreement at any time without notifying you in advance and you will remain responsible for all amounts liable until the date of termination (including the date of termination), and/or we may deny you access to our Services (or any part thereof).
ARTICLE 17 – ENTIRE AGREEMENT
Any failure by us to exercise or enforce any right or provision of these Terms and Conditions of Sale and Use should not constitute a waiver of such right or provision.
These Terms and Conditions of Sale and Use or any other policies or operating rules that we post on this site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, and supersede all prior and contemporaneous communications, proposals and agreements, whether oral or written, between you and us (including, but not limited to, any prior version of the Terms and Conditions of Sale and Use).
Any ambiguity as to the interpretation of these General Terms and Conditions of Sale and Use shall not be construed to the detriment of the drafting party.
ARTICLE 18 – APPLICABLE LAW
These Terms and Conditions of Sale and Use, as well as any other separate agreement through which we provide Services to you will be governed by and construed in accordance with the laws in force at 620 Guy Street, Montréal, Québec, H3J 1T3, Canada
ARTICLE 19 – CHANGES TO THE GENERAL CONDITIONS OF SALE AND USE
You can consult the most recent version of the General Terms and Conditions of Sale and Use at any time on this page.
We reserve the right, in our sole discretion, to update, modify or replace any part of these Terms and Conditions of Sale and Use by posting updates and changes on our site. It is your responsibility to visit our site regularly to check for changes. Your continued use of or access to our site after the posting of any changes to these Terms and Conditions of Sale and Use constitutes acceptance of those changes.
ARTICLE 20 – CONTACT DETAILS
Questions regarding the General Terms and Conditions of Sale and Use should be sent to us at info@awadex.com
