GJ CONSULTING, GÉRALDINE JIPPÉ INC.
- SCOPE OF APPLICATION
1.1 These Terms and Conditions of Sale (the “Terms”) constitute a legal contract of
sale between (a) us, GJ Consulting, GÉRALDINE JIPPÉ INC. the seller (references to “we”, “us”, “our” or “ours”
being interpreted accordingly); and (b) you, the buyer (references to “you”, “your” or
“yours” being interpreted accordingly).
1.2 These Terms apply to all your purchases (the “Products”). By purchasing any
Product, you signify your acceptance of this sale’s contract and thereby constitute
your signature to this agreement.
1.3 We value our customers and consider the privacy of the information you provide
to us in connection with your online payments to be an important aspect of our
relationship. Our Privacy Policy governs the collection and use of information through
our website. By providing us with personally identifiable information in connection
with your order, you consent to the processing of such information for the purpose of
fulfilling your order in accordance with our Privacy Policy. The Privacy Policy forms an
integral part of this contract. To view the Privacy Policy that applies to your purchase
and use of information through your online order, please click HERE.
1.4 All purchases are subject to your acceptance of these current Terms and
Conditions of Sale which accompany, appear in or are presented with your Product.
1.5 You are bound by these Terms which are in effect at the date of each purchase
through our online store. These Terms may change periodically. Please read them
every time you make a purchase, even if you have read them in the past. - PLACING AND ACCEPTANCE OF ORDERS
2.1 We endeavour to describe as accurately as possible the Products available for
purchase through our online store. However, we do not guarantee that the prices,
expected delivery dates and descriptions made or mentioned on the online store
are accurate, complete, reliable, up to date or error-free. All prices and descriptions
on the online store are subject to the availability of the items to which they refer. They
do not constitute an offer and may be withdrawn or modified at any time prior to our
acceptance of your order (under the conditions described below).
2.2 The specifications, Product photos, details and other information about the
Products on our online store are there for the sole purpose of providing you with a
general idea of the Products, and do not constitute a warranty or representation on
our part that the Products are conform.
2.3 Although we strive to ensure the availability of the Products presented in our
online store, we cannot guarantee that all Products are in stock and immediately
available when you place your order. We may refuse your order (without liability) if
we are unable to process or fulfill it. In such a case, we will refund any payment
already made for the purchase of the unavailable Product.
2.4 An order placed is simply an offer to purchase Products under these Terms, at the
price and on the terms stated in the order, and is subject to our subsequent
Acceptance (as defined below). Any order confirmation email received prior to our
Acceptance will simply be an acknowledgement of your offer to purchase, not an
acceptance of your offer.
2.5 Our Acceptance of your order will only take place once we have both (a)
dispatched the Product you have ordered and (b) received your payment through
using the credit card you have indicated to us or another method of payment
(“Acceptance”). We may cancel your order at any time and for any legal reason
prior to Acceptance. Before our Acceptance, you will receive an automatically
generated acknowledgement of receipt email. This acknowledgement does not
constitute a formal acceptance of your order.
2.6 After Acceptance, we may retain, for a reasonable period of time not exceeding
that permitted by law, the order placed, the acknowledgement of receipt, the
Acceptance itself and any other contractual documents. It is your responsibility to
print these Terms and keep them in your personal archives.
2.7 If we have reason to believe that you are unable to pay any amount when due
or are in breach of these Terms, or if we are unable to process payment using the
payment method you have provided, then we may choose to: (a) suspend any
current delivery of Products; (b) suspend further deliveries of Products for an indefinite
period of time; (c) cancel any automatic renewal program in which you may have
elected to participate; and/or (d) cancel any other contract between us and you.
- PRICE AND PAYMENT’S TERMS
3.1 Prices do not include shipping, delivery or sales taxes, if applicable, which will be
added to the total amount of your purchase. You are responsible for any shipping
and handling charges, as well as local and regional taxes that may apply to your
order. If the price of a Product is manifestly inaccurate, whether it is an error
concerning a price published on our online store or a price that has been
communicated to you otherwise, we reserve the right, at our sole discretion, to
cancel your order and refund the amount you have paid, regardless of the error’s
origin.
3.2 Unless expressly agreed otherwise, the prices of the Products are those in force at
the time of your purchase. Prices may be indicated on the online store or on your
invoice, but in the event of a difference, the authoritative price is the one indicated
on your invoice. Payment will be made using the payment method selected when
you placed your order on our online store. - DELIVERY
4.1 We will make all reasonable efforts to deliver the Products on time. The delivery
times and/or dates indicated on the online store, in any order acknowledgement,
Acceptance document or otherwise, are provided as estimates only.
4.2 Delivery will be made to a valid address that you will have indicated to us at the
time of purchase and which will be subject to our Acceptance (the “Delivery
Address”). You must check the Delivery Address on any acknowledgement of receipt
or Acceptance that we send to you, and inform us as soon as possible in the event
of any errors or omissions. We reserve the right to charge you for any additional costs
resulting from any changes you make to the Delivery Address after you submit an
order.
4.3 All deliveries are made with either Purolator or Canada Post carriers. You will
receive an email indicating the tracking number of your package once it is picked
up by the carrier.
4.4 Delivery charges are at your expense and apply to all Product orders.
4.5 Except as otherwise provided herein, the risk of loss or damage to the Products
shall be transferred to you once delivery of a Product has taken place.
4.6 We decline all responsibility in case of package theft. It is your responsibility to
ensure that the delivery location is secure. - REFUND, RETURN AND EXCHANGE
5.1 Any purchase of a Product constitutes a final sale and is non-refundable.
5.2 You may cancel your paid order as long as it has not been mailed. If you wish to
modify your order and it has been shipped, you may return the Product to us at your
expense. - NON-LIABILITY
6.1 We shall not be liable for any damage or loss resulting from the use of the Products
in connection with your negligence, improper use or use which is inappropriate or
non-compliant.
6.2 Nothing in this Terms shall limit our liability for total or partial non-performance or
inadequate performance of our obligations to supply the Products validly purchased
in accordance with these Terms. This provision applies to the fullest extent permitted
by applicable law.
6.3 This provision does not affect your statutory rights as a consumer under law. - 4 Our liability (whether for breach of contract or otherwise) shall in no event exceed
the amount actually paid by you for the relevant Products that gave rise to such loss;
and neither we nor our suppliers shall be liable to you in respect of the cost of
substitute Products, or any incidental or consequential loss or damage whatsoever in
connection with your use of any Product, howsoever caused and whether due to
contractual liability, negligence or responsibility, whether or not we have been
advised of or are aware of the possibility of such loss or damage and regardless of
the nature of the claims. - CUSTOMS DUTIES
7.1 Each Product sold by us may be subject to and governed by the laws of the
United States and other countries, including, without limitation, U.S. Export
Administration Regulations and Foreign Assets Control Regulations.
7.2 The shipment of Products for a delivery to another country may be subject to
customs duties, taxes and/or other charges in the recipient country. Unless we
expressly state otherwise in the course of the order, (a) your payment for the order in
question does not include any customs duties, fees, taxes and other charges that
may be payable in the destination country of the Product, and (b) the recipient in
the Product’s destination country may be required to properly declare the goods to
the appropriate customs authorities, paying any customs/fees/taxes/charges and/or
any additional import requirements. - LAW IN FORCE AND ELECTION OF DOMICILE
8.1 Any dispute arising out of or related to these Terms shall be governed by the laws
of the Province of Quebec, Canada. You agree that any claim or dispute arising or
that may arise between you and us shall be resolved exclusively by a court of the
judicial district of Montreal. - GENERAL PROVISIONS
9.1 These Terms constitute the entire agreement between you and us in relation to
your purchase of Products from us and supersede any prior communication,
agreement, representation or writing that may be related to such.
9.2 A waiver of any breach of these Terms shall not be construed as a waiver of any
subsequent breach.
9.3 If, for any reason, we or a court of competent jurisdiction finds any provision or
portion of these Terms to be invalid, unenforceable or void under applicable law, the
remaining provisions of these Terms shall remain in full force and effect, valid and
binding. Neither you nor we will be in breach of these Terms in the event that such
party is unable to perform its obligations as a result of any circumstance beyond its
reasonable control.
(Last version of these Terms and Conditions: as of November 26, 2020)