GENERAL TERMS AND CONDITIONS
These General Terms and Conditions (hereinafter the “GTC”) are proposed by the corporation LAMPE BERGER CANADA INC., a corporation formed under the Canada Business Corporations Act, NEQ 1143861681 (as amended from time to time) and having its head office at 550 Promenade Du Centropolis, Laval, Québec, Canada, H7T 3C2 (hereinafter “MAISON BERGER PARIS” or the “Seller”).
The GTC govern your use of the website en.www.maison-berger.ca/fr.www.maison-berger.ca (hereinafter the "Website") in addition to defining the rights and obligations of the parties in connection with the online sale of the Products from the Website (as defined below) offered by the Seller to any Client (as defined below) in Canada for personal needs (excluding any use for commercial purposes or by professional sellers, in particular as part of purchase to resell).
Any browsing or purchase made online on the Website is subject to prior knowledge and unreserved acceptance of these GTC, the method of payment for orders and the prices applicable to MAISON BERGER PARIS Products. Your browsing on the Website constitutes your commitment to respect the GTC and your acceptance of them.
Unless otherwise indicated, all material and or content linked to the Website is the property of MAISON BERGER PARIS and its affiliates. MAISON BERGER PARIS grants you access to the Website and you acknowledge that, by this access, you will not acquire any right, title, license or interest in the material and content of the Website.
The Products and the Website must not be copied, reproduced, re-published, downloaded, displayed, transmitted, distributed or used (other than the use for which they are intended) without the prior written consent of MAISON BERGER PARIS which may be withheld at its sole discretion.
PLEASE READ THE GTC CAREFULLY BEFORE CONSULTING THE WEBSITE OR COMPLETING ANY ONLINE PURCHASE ON THE WEBSITE OR USING THE PRODUCTS. EACH TIME YOU CONSULT THE WEBSITE OR COMPLETE ANY ONLINE PURCHASE ON THE WEBSITE OR USE THE PRODUCTS, YOU ACKNOWLEDGE AND ACCEPT AND ALL THE PEOPLE YOU REPRESENT ACCEPT TO BE BOUND BY THE GTC AND DECLARE AND GUARANTEE THAT YOU ARE ABLE TO ACCEPT THE GTC ON YOUR BEHALF AND ON BEHALF OF THE PEOPLE YOU REPRESENT. IF YOU DO NOT ACCEPT EACH OF THE PROVISIONS OF THE GTC OR IF YOU ARE NOT ABLE TO ACCEPT THE GTC, PLEASE DO NOT CONSULT THE WEBSITE OR COMPLETE ANY ONLINE PURCHASE ON THE WEBSITE OR USE THE PRODUCTS.
These GTC will prevail over any other document or any other contradictory version. If there is any conflict or inconsistency between the provisions of the English version of the GTC and the provisions of the French version “Conditions générales de vente”, the provisions of the French version “Conditions générales de vente” will prevail.
The failure by MAISON BERGER PARIS in enforcing, or insisting upon strict performance of any provision of the GTC will not be considered to be a waiver of such provision or in any way affect the validity or enforceability of the GTC or deprive MAISON BERGER PARIS of the right, at any time or from time to time, to enforce or insist upon strict performance of that provision or any other provision of the GTC.
The terms and expressions below (in the singular as in the plural) will have the following meaning in these GTC:
"Berger Intellectual Property": has the meaning set out in Article 16 (INTELLECTUAL PROPERTY);
"Brochure": means all the prices for each Product available for sale on the Website;
"Client": means any natural person having the age of majority in their territory of residence or any legal person who is authorized to contract under applicable laws and who makes a purchase on the Website for their personal needs;
"Client account": means the account created by the Client to allow him to save information relevant to him about his name, date of birth, email, address, telephone number, as well as information relating to payments and his use of the Website in order to facilitate the purchase of Products on the Website, to obtain an instant view of previous and current transactions as well as to be informed of applicable promotions;
"Confirmation email": has the meaning set out in Article 6e (CONFIRMATION OF ORDER BY EMAIL);
"Cookies": means the unique identifiers placed on your device (computer, telephone or other) by the Website, containing the details of your browsing history on the Website;
"Defective package": has the meaning set out in Article 10f (DEFECTIVE DELIVERY);
"External Purchases": has the meaning set out in Article 2 (THIRD PARTY WEBSITES AND STORES);
“External Websites”: has the meaning set out in Article 2 (THIRD PARTY WEBSITES AND STORES);
"Force majeure": means an unpredictable and irresistible event, in particular, for the purposes of these GTC, a fire, an accident, a natural disaster, a war, a revolution, a strike, a lockout, a labor dispute, interruption of the Website beyond the control of MAISON BERGER PARIS, a computer virus, failure to perform by any supplier or subcontractor, power outage or server failure, lack of or failure of transportation, a pandemic, a government directive or of public authorities, a health emergency and / or any other cause or event beyond the control of MAISON BERGER PARIS;
"Guest Client": means any Client who does not create a Client Account;
"Legal Warranties": has the meaning set out in Article 13;
"Order Acknowledgement": has the meaning set out in Article 6e (CONFIRMATION OF ORDER BY EMAIL);
"Personal Information": has the meaning assigned to it in Article 19 (PERSONAL INFORMATION);
"Product": designates any interior perfumery product manufactured by MAISON BERGER PARIS and marketed under the brand "MAISON BERGER PARIS" on the Website;
"Purchase Price": has the meaning set out in Article 8 (PRICES);
"Website": means the website operated by MAISON BERGER PARIS and accessible at the address https://en.www.maison-berger.ca/fr.www.maison-berger.ca ;
- THIRD PARTY WEBSITES AND STORES
These GTC do not apply to purchases of MAISON BERGER PARIS Products made online on other websites (the “External Websites”) or in physical stores operated, whether operated by MAISON BERGER PARIS, a company affiliate or third parties (hereinafter "External Purchases").
MAISON BERGER PARIS is not responsible for the content or the confidentiality practices for External Purchases or navigation on External Websites. External Purchases and navigation on External Websites are at your own risk, and no claim in this regard will be enforceable against MAISON BERGER PARIS as a result of your transactions with their owner or operator. The provisions set out in the LIMITATION OF LIABILITY section of these GTC apply, with the necessary modifications, to External Purchases and External Websites.
- CLIENT AND CLIENT ACCOUNT
Each Client has the option of purchasing Products on the Website as a Guest Client or by creating a Client Account.
Any Client can freely create a single Client Account by completing, with exact, accurate and up to date information, the form in the section "Create an account". This account is strictly personal and confidential and operates under the sole responsibility of its holder.
By purchasing the Products or creating a Client Account, the Client represents and warrants that:(i) the purchase is made on a personal and non-commercial basis (ii) the personal information provided upon purchase or registration of the Client Account is true, accurate and up to date in all respects, (iii) he is a natural person having the age of majority in his territory of residence or a legal person who is authorized to contract under applicable laws (iv) he does not pretend to be another person or entity or does not use a false name, and (v) he holds a valid debit or credit card.
- ELECTRONIC COMMUNICATIONS
When you consult the Website or make any online purchase on the Website or when you send emails to MAISON BERGER PARIS, you are communicating electronically with MAISON BERGER PARIS and agree to receive electronic communications from MAISON BERGER PARIS. MAISON BERGER PARIS will communicate with you by email or by posting notices on its Website. You acknowledge that the agreements, notices and other communications that MAISON BERGER PARIS transmits to you electronically are satisfactory to any legal requirement demanding that these agreements, notices and other communications be made in writing and you consent to these communications and modes of transmission.
By creating a Client Account, any Client will be automatically added to the newsletter mailing list in order to receive sporadic communications from MAISON BERGER PARIS relating to promotions.
A Guest Client may subscribe to the newsletter in order to receive sporadic communications from MAISON BERGER PARIS relating to promotions by completing with exact and accurate information the form in the section "subscribe to the newsletter" or by sending a request on the live chat.
The promotions will be applicable by promotional codes which will be sent to the subscribers of the newsletter and will appear on the Website's announcement bar. To benefit of the reduction, any promotional code must be entered by the Client at the checkout.
- ORDER AND CONFIRMATION
- Shopping cart
The Client may select the Products by adding them to his shopping cart. Any Product selected will remain in the shopping cart for a period of five (5) minutes only. After validation of his shopping cart, the Client proceeds to the next step.
- Client identification
Once the shopping cart has been validated by the Client, he must identify himself on the Website with his email address and password if he has a Client Account. If the Client does not have a Client Account, he is invited to create one. If the Client wishes to remain a Guest Client, he must provide the personal information necessary to make his purchase.
- Delivery method
The Client is invited to choose a delivery method from those offered by MAISON BERGER PARIS under the section DELIVERY CONDITIONS.
To finalize his order, the Client is invited to choose a payment method from those offered by MAISON BERGER PARIS under the section PAYMENT CONDITIONS.
The order is confirmed by clicking on the “Confirm Order” button at the end of the online order process. Such confirmation implies acceptance by the Client of the GTC, the price of the Products and the content of the order.
Confirmation of order by email
Once the order has been placed, MAISON BERGER PARIS will send the Client an email acknowledging the exact details of the order, which include: nature of the Products, quantity, value of the Client’s order that will be debited and delivery methods (the “Order Acknowledgement”). Such Order Acknowledgement does not constitute an order confirmation or order acceptance from MAISON BERGER PARIS.
Unless MAISON BERGER PARIS notifies the Client that MAISON BERGER PARIS does not accept the Client’s order according to the section REFUSAL OF ORDER below, MAISON BERGER PARIS’s acceptance of the Client's order and the completion of the contract between the Client and MAISON BERGER PARIS will be effective when the Client receives a confirmation email from MAISON BERGER PARIS notifying him that the Products ordered have been delivered (hereinafter the “Confirmation Email”). MAISON BERGER PARIS’s acceptance of an order will be deemed complete at the time and date such Confirmation Email is sent to the Client and will act as a contract between the Client and MAISON BERGER PARIS.
Any information regarding an order can be requested by emailing MAISON BERGER PARIS’s Customer service.
The Client can find his order invoice in the Confirmation Email or in his Client Account, once the order has been processed.
- Refusal of order
Any order is subject to the discretionary acceptance of MAISON BERGER PARIS which reserves the right to refuse:
- any order which MAISON BERGER PARIS is unable to obtain authorization to validate the Client’s payment method; or
- any order from a Client with whom a dispute relating to the payment of a previous order has already been suffered or is unresolved; or
- any order that leaves a doubt that the identity of the Client is false or incorrect; or
- any order that casts doubt on its legal nature; or
- any order relating to significant quantities of Products, leaving doubts about the personal nature of the use of the Products ordered.
If an order is refused, MAISON BERGER PARIS will reimburse the order to the Client within thirty (30) days following this refusal and will not be liable for any other amount, loss or damage resulting therefrom.
- Offer to purchase
The Website contains invitations to place orders and not sales offers. The Client's order duly completed and delivered constitutes the offer to purchase the Products indicated in his order.
- PRODUCTS AND AVAILABILITY
The Products governed by these GTC are those which appear on the Website and offered for online sale within the limits of available stocks. MAISON BERGER PARIS makes every effort to ensure that the Products described and presented, as well as the information provided on the Website, are up to date and accurate. The descriptions and images of the Products contained on the Website tend to respect their colors and shapes as well as possible but are only provided for information. MAISON BERGER PARIS does not guarantee that the Products will be identical to these descriptions and images and these have no contractual value. If printing errors, errors or omissions occur on the Website, the responsibility of MAISON BERGER PARIS cannot be engaged.
MAISON BERGER PARIS reserves the right to withdraw a Product from sale at any time without justifying it and to replace or modify any information associated with it appearing on the Website.
The Products are offered for sale within the limit of the availability displayed on the Website. If during the preparation of the order, it cannot be honored due to depletion of stocks, MAISON BERGER PARIS will inform the Client by telephone or by email (at the address indicated in the Client account) for him to partially cancel his order by keeping the Products available, or by cancelling his entire order by reimbursing him no later than thirty (30) days following the cancellation.
The prices displayed on the Website are indicated in Canadian dollars excluding all applicable taxes, if any, as well as delivery costs (which will be calculated during the final validation of the order).
The total price of the Client's order, upon final validation, includes the price of the ordered Products, the applicable delivery costs (which vary depending on the delivery method chosen by the Client (see the DELIVERY CONDITIONS section) and the location of the Client) and applicable taxes (hereinafter the "Purchase Price").
The Client acknowledges and accepts that any order placed on the Website may be subject to possible taxes and customs duties which are imposed when the package reaches its destination. These customs duties and any taxes related to the delivery of any Product are your sole responsibility. MAISON BERGER PARIS is not required to check and inform you of applicable customs duties and taxes. For more information, we advise you to check with the competent authorities in your country.
All applicable prices, taxes and other charges can be modified at any time and without notifying the users of the Website or notifying another person and without incurring the responsibility of MAISON BERGER PARIS towards the users or any other person. Notwithstanding the above, all applicable prices, taxes and other charges of any order are invoiced on the basis of the prices in force at the time of the validation of the order by the Client as provided in paragraph d) of the ORDER AND CONFIRMATION.
Promotional offers are only valid within the limit of the period of validity of the offer concerned and are not cumulative. The price reductions we offer are calculated on the prices of the current Brochure. All these promotional offers and all these price reductions are subject to specific conditions determined by MAISON BERGER PARIS.
Payment for the order is made online by bank card or Paypal account and is fully secure. The entire transaction is directed in encrypted mode to a bank validation server in SSL mode (Secure Socket Layer).
The invoiced price debited to the Client is indicated in the Order Acknowledgement.
MAISON BERGER PARIS reserves the right to suspend any management of the Client's order and any delivery of the Products in the event of refusal of authorization to pay by bank card or Paypal account or in the absence of full payment of the Purchase Price.
- Delivery service
MAISON BERGER PARIS agrees to deliver your order to a delivery address that is located in Canada only. Any order for an address located outside of Canada will not be processed by MAISON BERGER PARIS. The order delivery service used by MAISON BERGER PARIS is PUROLATOR INC. (hereinafter "PuroPost").
The Client has the possibility to choose the delivery method he wishes:
- home delivery ;
- at the post office of his choice;
- store delivery.
Home deliveries are sent by MAISON BERGER PARIS to the delivery address indicated by the Client when ordering. The Client acknowledges and agrees to provide MAISON BERGER PARIS with a valid delivery address and all the information necessary to complete and deliver the Client's order.
The amount of delivery costs depends on the delivery method chosen. This amount is specified during the step “Delivery of the online order” before the validation of the order by the Client. The Client is fully responsible for any error or omission regarding the delivery address
The choice of a delivery method is final when the Client confirms the order. It is not possible to change the delivery method once the order has been confirmed by the Client.
Unless there are exceptional circumstances, the Seller takes the necessary efforts to ensure that orders are shipped within a maximum period of five (5) working days from confirmation of the order by MAISON BERGER PARIS. This deadline is purely indicative.
An email is therefore sent to the Client to inform him of the order shipment and the tracking number. The Client can follow the progress of his package by inserting the tracking number of his order on the PuroPost website. The information is provided by PuroPost and not by MAISON BERGER PARIS. The Seller cannot be held responsible for any error, omission or information contained in the order tracking number.
Unless there are exceptional circumstances, the Seller takes the necessary efforts to ensure that orders are delivered on the delivery date indicated in the Confirmation Email or, if no estimated delivery date is specified, within thirty (30) days of the date the Confirmation Email was sent. The reasons for the delay may include, among other things, personalized or special items, unforeseen circumstances, an event of force majeure or a particular delivery place.
Delivery is deemed to have been made as soon as the package is made available or delivered to the Client, materialized by the control system used by PuroPost
Unless there are exceptional circumstances, according to PuroPost, PuroPost takes the necessary efforts to ensure that orders are delivered within two (2) to eight (8) days of confirmation of shipment by email. This deadline is purely indicative.
- Delay in delivery
In the event of delay in delivery within the period mentioned in the DELIVERY section above, the Client may contact MAISON BERGER PARIS’s Customer service to require that delivery of the order be carried out within a reasonable additional time.
- No delivery
If the package is returned to MAISON BERGER PARIS for a reason attributable to the Client (unclaimed package, inaccurate address, absence during delivery), the Client will be notified by email. With the Client's agreement, the package will be resent and the additional transport costs will be borne by the Client, who will have to make a new payment of the delivery costs to activate the return of his package.
- Defective delivery
The Client is invited to check his package upon receipt. At the time of receipt of the package, if it presents any defect in the Products (damage, missing or wrong product, etc.) (hereinafter the "Defective Package"), the Client must contact MAISON BERGER PARIS’s Customer service within a maximum of 5 (five) days to inform them of such defective Packages.
In this case, the Client will have a period of ten (10) days following the communication with MAISON BERGER PARIS’s Customer service to return the concerned Products not used in their original packaging. If this deadline is not respected, the defective Package cannot be corrected by MAISON BERGER PARIS. Erroneous Products must be returned in perfect condition allowing them to be re-marketed in new condition. Upon receipt of the Defective Package, MAISON BERGER PARIS will return a new shipment of the damaged, missing or erroneous Products, the delivery costs of which will be borne by MAISON BERGER PARIS. All return costs for parcels in default will be borne by MAISON BERGER PARIS with the exception of any erroneous Product returned which is not, in the opinion of MAISON BERGER PARIS, in perfect condition.
No refund will be possible in case of Defective Package.
MAISON BERGER PARIS is not responsible for any loss or damage suffered by the Client or any other person resulting from a delay or failure to perform caused by circumstances beyond the control of MAISON BERGER PARIS or a delay in delivery of ordered Products.
- RETURN AND REFUND
Subject to articles 7 (Products and availability) and 10f (Defective delivery), no return, credit note or refund will be possible for any Product sold. Due to the nature of our products, all sales of the Products are final. Returns, refunds or replacements of Products for reasons other than those described in articles 7 (Products and availability) and 10f (Defective delivery) will not be accepted. For more information, please contact MAISON BERGER PARIS’s Customer service.
Notwithstanding the above, upon the occurrence of any event of force majeure, MAISON BERGER PARIS shall promptly inform the Clients by written notice thereof specifying the cause of the event and how it will affect its performance of its delivery obligations listed in the Confirmation Email. In the event of any delay, the obligation to deliver the Items shall be suspended for a period equal to the time lost by reason of force majeure. However, should a force majeure event continue or be expected to continue for a period extending to more than two (2) months after the expected delivery date, MAISON BERGER PARIS is entitled to cancel the order and refund the Clients, without any further liability to the Clients.
Any refund will only be credited to the bank card or Paypal account originally used to purchase the Products.
- CUSTOMER SERVICE
The Client has the possibility of contacting MAISON BERGER PARIS’s Customer service for any request for information, follow-up of the order, implementation of the guarantee and more generally for any treatment of a complaint by:
- email : firstname.lastname@example.org
- phone : 1-800-305-4428
- mail : 550 Promenade Du Centropolis, Laval, Québec, Canada, H7T 3C2
All Products benefit from the basic legal warranties under the terms of the Consumer Protection Act and the Civil Code of Québec.
Legal Warranty (Consumer Protection Act)
Article 37: “All Products benefit from the basic legal guarantees under the terms of the Consumer Protection Act and the Civil Code of Quebec.”
Article 38: “Goods forming the object of a contract must be durable in normal use for a reasonable length of time, having regard to their price, the terms of the contract and the conditions of their use.”
Legal Warranty (Civil Code of Québec)
Article 1716 “The seller is bound to deliver the property and to warrant the ownership and quality of the property.
These warranties exist by operation of law, whether or not they are stipulated in the contract of sale.”
(the warranties above at a. et b. collectively the « Legal Warranties »)
MAISON BERGER PARIS solely warrants that on the delivery date, the Products will comply with the Legal Warranties. In the event that the Products do not meet these Legal Warranties, MAISON BERGER PARIS's obligation will only be limited to the provisions of Article 10f (DEFECTIVE DELIVERY).
The Legal Warranties will only apply to Products which have been used under normal conditions, in accordance with the instructions provided by MAISON BERGER PARIS and using exclusively MAISON BERGER PARIS lamp refills and Lampe Berger Catalytic Burner, if applicable.
- LIMITATION OF LIABILITY
Browsing the Website, purchasing Products online from the Website and using the Products are at your own risk. If you are not satisfied with the information contained on the Website or the GTC, your sole and exclusive remedy is to stop accessing the Website and using the Products.
Subject to the relevant provisions of the applicable laws regarding the use of the Products and the Website, in no case MAISON BERGER PARIS, its administrators, directors, employees, consultants, affiliated corporations or other third parties mentioned or involved in the creation, production or the delivery of the Products or the Website can be held responsible for any direct, indirect, specific or punitive damage whatsoever (including, but not limited to, costs and expenses incurred, of any kind whatsoever, loss of profit, loss of data or programs or termination of activities) arising from access, use, inability to use or consequences of the use of the Products and the Website or any third-party websites and services linked to the GTC.
This explicit disclaimer includes, in particular, damage caused by viruses, or any other computer software or anomaly which may infect, harm or damage the hardware of your computer, telephone device, tablet as well as their software, memories or any other property belonging to others or to yourself, after accessing, browsing or using the Website. You are solely responsible for your computer. It is your responsibility to verify that the computer configuration used does not contain any virus and that it is in perfect working order.
The responsibility of MAISON BERGER PARIS cannot be engaged if the non-execution or poor execution of the order is attributable to the Client, to technical constraints beyond the control of MAISON BERGER PARIS, in the event of fault on the part of the carrier, in event of a Force majeure or third party event, or event beyond its control.
MAISON BERGER PARIS will not be responsible for:
- for any direct or indirect damage in the event of interruption of the Website, in particular for maintenance, computer problems or operating errors; or
- any direct or indirect damage caused to the Client's IT equipment following his access to the Website, the use or download of any text, image, video or any other similar data; or
- for any direct or indirect damage linked to the Client's or anyone's access to the Website or the impossibility of accessing it, as well as the use of the Website and/or credit; or
- for any direct or indirect damage linked to an event of Force majeure; or
- for any direct or indirect damage linked to the use of the Products contrary to the indications of MAISON BERGER PARIS or negligent or erroneous use by the Client; or
- for any direct or indirect damage linked to the Client's failure to use MAISON BERGER PARIS's own replacement products, namely, MAISON BERGER PARIS lamp refills and Lampe Berger Catalytic Burner; or
- generally and notwithstanding any indication to the contrary, for any consequential, incidental, statutory, punitive, exemplary or indirect damage.
MAISON BERGER PARIS cannot be held responsible for the delay, loss or incorrect distribution of an email, or whether or not it was sent to the wrong email address.
MAISON BERGER PARIS cannot be held responsible for acts, omissions or behavior perpetrated by a user or third party.
Subject to the relevant provisions of the laws applicable to the use of the Products and the Website, the Products and the Website, as well as all communication and information relating thereto, are provided without any representation, declaration or guarantee, express or implied, of any nature whatsoever, including, without limitation, any warranty as to their merchantability, reliability, performance, durability or fitness for a particular purpose.
The user hereby waives all other remedies, warranties, guarantees or liabilities, express or implied, arising by law or otherwise, whether occasioned by the negligence of MAISON BERGER PARIS. , The user agrees to be solely responsible for the use of Products and the Website at his sole risk.PROHIBITED USE
It is strictly prohibited to:
- send, publish or otherwise transmit any content or material containing viruses or which may cause interruption, damage or limiting the functionality of the Website or the servers connected to the Website;
- interfere in any way with the networks of the Website including the security network or to try to obtain in any way whatsoever unauthorized access to any computer system of the Seller;
- buy Products on the Website with the intention of reselling them.
You acknowledge that you are fully responsible for your use of the Website or the Products and you also agree not to behave in a wrongful manner and not to use the Website or the Products for illicit purposes, illegal, obscene, defamatory, discriminatory or otherwise prejudicial or objectionable.
If the Seller is reasonably of the opinion that the use of the Website or the Products is made in an illegal or illegal manner, the latter reserves the right to refuse or cancel any order and inform the competent authorities.
- INTELLECTUAL PROPERTY
MAISON BERGER PARIS owns the copyright of the intellectual property rights on the following elements without this list being exhaustive (hereinafter collectively "Berger Intellectual Property"):
- on the Products offered for sale on the Website and on the associated brands and in particular "LAMPE BERGER", "BERGER", "LAMPE BERGER PARIS", "MAISON BERGER";
- on the Website and all of the elements that make it up (tree structure, organization, architecture, software, texts, photographs, videos and sounds and any other element contained therein);
- on the databases, their structure and content, designed and developed by MAISON BERGER for the needs of editing and operating the Website;
- on the names, acronyms, logos and any other brand used and reproduced on the Website or in connection with these are trademarks, trade names and service marks registered or not registered belonging to MAISON BERGER PARIS.
Subject to the legal exceptions in force and other than in the context of the execution of these GTC, any reproduction, representation or use of the Berger Intellectual Property constitutes an infringement that could incur civil and criminal liability of its author.
Nothing contained in the Maison Berger Website or the Products should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Berger Intellectual Property.
Other product names, company names, and logos displayed on the Website or the Products may be registered or unregistered third-party trademarks or copyrights.
- MODIFICATION TO THE GENERAL TERMS AND CONDTIONS
MAISON BERGER PARIS reserves its right to change these GTC at any time without incurring liability towards anyone. Any changes are effective immediately upon posting on the Website and cannot apply to sales contracts concluded previously. Only the GTC in force at the time of the conclusion of the sale will be enforceable against the Client. MAISON BERGER PARIS encourages users to review these GTC regularly to ensure full awareness. No user of the Website or the Products may modify these terms and conditions or add new provisions to them in any way.
- PROOF OF ACCEPTANCE
The Client accepts that the Personal information registered by the MAISON BERGER PARIS, particularly for the order and the payment, are admissible before court and demonstrate acceptance of the GTC and the sale of the Products.
At any time the Client has the option of printing, downloading and saving a copy of the GTC on paper or electronic media.
- PERSONAL INFORMATION
By using the Website and by purchasing Products, you authorize MAISON BERGER PARIS to collect, process and store information about you, including your name, date of birth, email, address, telephone number and information regarding your payments and use of the Website. You guarantee that all information provided to MAISON BERGER PARIS is truthful and precise and that you will update said information when required.
In addition, by accepting Cookies, you authorize MAISON BERGER PARIS to collect, process and store information about you in order to improve your browsing experience. For more information, please read the COOKIES section below.
MAISON BERGER PARIS will treat all its users’ personal information (the “Personal Information”) as confidential on a secure server and will comply with all applicable privacy and data protection laws and regulations. MAISON BERGER PARIS will only disclose the Personal Information in the circumstances set forth below. Upon registration on the Website, or upon making a purchase, each user will be asked to input, and MAISON BERGER PARIS will collect, personal details such as the user’s name, email address, billing address, telephone number. MAISON BERGER PARIS may also collect, and MAISON BERGER PARIS’s third-party providers may collect, information about where users are on the internet (e.g. the URL users came from, IP address, domain types such as .com), users’ browser type, country and telephone area code where users’ computer is located, the pages of the Website that were viewed during users’ visit, any advertisements users may have clicked on, and any search terms that users entered on the Website. MAISON BERGER PARIS confirms that any personal details which users provide to MAISON BERGER PARIS (or which are publicly available) and any user information, from which MAISON BERGER PARIS can identify users, is held in accordance with all applicable privacy and data protection legislation and/or regulations.
MAISON BERGER PARIS will use the Personal Information only for the following purposes: (i) maintaining users’ registration, (ii) for statistical purposes to improve the Website and its services to users, (iii) to serve the Website content to users, (iv) to administer the Website and (v) to notify users of Products or special offers.
MAISON BERGER PARIS will not release the Personal Information to any company outside of the Maison Berger Group. If a user wishes to unsubscribe from receiving promotional emails or direct mail from MAISON BERGER PARIS, such user should email email@example.com and insert “Unsubscribe” as the subject line and include the email address that the user wishes to be unsubscribed from (if it is not the email address that the user sent the email from), user’s full name and address.
MAISON BERGER PARIS, in its capacity of data controller, informs the Client that some of his Personal Information is necessary for the execution of his order and of the resulting sales contract as well as for the associated services (in particular regarding Products’ warranties).
The obligatory or optional nature of the Personal Information is specified to the Client when it is collected. Failure to communicate obligatory information will stop MAISON BERGER PARIS from fulfilling an order.
Personal Information is kept for the period strictly necessary with regard to the purposes explained and for a maximum of five (5) years from the last order. They can be transmitted, within the framework of the purposes set out above, to the staff of MAISON BERGER PARIS, to our service providers / or subcontractors who process them on behalf of MAISON BERGER PARIS.
Personal Information will not be sold or loaned without obtaining your consent. MAISON BERGER PARIS undertakes not to use the collected Personal Information for purposes other than those mentioned above.
Under the terms of Chapter Three of the Civil Code of Québec and the Act respecting the protection of personal information in the private sector, the user has the right of information, access, consultation, rectification and deletion regarding any information about him.
The user can exercise this right by sending a message to: firstname.lastname@example.org
Cookies are necessary to make navigation easier and more user-friendly, and do not damage your device.
Cookies are an essential part of the way our Website works. The main objectives of our Cookies are to remember you on a future visit on the Website, know the details of your browsing history on the Website and to offer you services, personalized advertising campaigns on other Websites, all based on the analysis of your personal browsing habits and interests. The information collected by Cookies also allows us to improve the Website through estimates regarding usage figures and patterns.
- GOVERNING LAW
These General Terms and Conditions are governed by the laws of Québec and the federal laws of Canada applicable therein, to the exclusion of any rule of private international law or conflict of laws which would result in the application of other laws.
You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the provincial and federal courts located in Montréal, province of Québec, Canada, for any action, suit or proceeding arising out of or relating to these GTC or the use of the Website, including related services or products.
You hereby acknowledge and agree to hold MAISON BERGER PARIS and its directors, officers, employees, agents, shareholders, consultants, affiliates and other representatives harmless and free from any loss, claim, action, liability, expense and damage, including expenses and legal fees reasonably incurred, arising from your use of the Website or Products or violation of the GTC.
- MODIFICATION, SUSPENSION OR TERMINATION
MAISON BERGER PARIS reserves the right to modify or suspend or terminate the Website without notice and for any reason whatsoever, without any compensation or liability to you. In the event of suspension or termination of the Website, MAISON BERGER PARIS undertakes to honor orders accepted and in progress according to the same GTC applicable before said suspension or termination.
- ENTIRE AGREEMENT
The GTC as well as any document to which it is expressly referred to constitute the entire agreement between you and MAISON BERGER PARIS on the issues covered herein and supersedes all prior agreements, understandings, negotiations and discussions relating to the subject matter thereof, whether oral or written.
The GTC constitute the complete and exclusive agreement between you and MAISON BERGER PARIS concerning the use of the Website and any purchase by Clients of any Products, and supersede and govern all prior proposals, agreements, or other communications.
If any provision of these GTC is found by a court of competent jurisdiction to be to be illegal, invalid or unenforceable, that provision will be severed from these GTC and the remaining provisions of these GTC will remain in full force and effect.