Terms of Service

Last updated: May 13, 2024

Intellectual Property

The Maison Berger Website is owned and operated by Maison Berger. Maison Berger owns the copyright with respect to all content on the Maison Berger Website. Any reproduction, representation, modification, adaptation, or use of any of the elements of the Maison Berger Website constitutes an infringement that could incur civil and criminal liability of its author. Additionally, the Maison Berger Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

Nothing contained in the Maison Berger Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Maison Berger Website or any information displayed in the Maison Berger Website, through the use of framing or otherwise, except: (i) as expressly permitted by these General Terms and Conditions; or (ii) with the prior written permission of Maison Berger or the prior written permission from such third party that may own the trademark or copyright of information displayed in the Maison Berger Website.

The User who has a personal Internet website and who wishes to place, for a personal use, on his website, a simple link directly to the home page of the Maison Berger Website, must ask for authorization from Maison Berger. In addition, any hypertext link to the Maison Berger Website and using in particular, framing, deep‐linking, in‐line linking, or any other techniques of deep link is strictly prohibited. Furthermore, any link referring to all or part of the Maison Berger Website, even considered tacitly authorized, must be removed on a simple request by Maison Berger.

 

 

Force Majeure

Maison Berger shall not be liable in any way for any damage, loss, cost or expense arising out of or in connection with any delay, restriction, interference or failure in performing any obligation towards the Users caused by any circumstance beyond its reasonable control, including, without limitation, acts of God, laws, statutes, ordinances, regulations, legislative measures, acts of governments or other administrative measures, orders or decrees of any court, earthquake, flood, fire, explosion, war, terrorism, riot, sabotage, accident, epidemic, strike, lockout, slowdown, labor disturbances, difficulty in obtaining necessary labor or raw materials, lack of or failure of transportation, breakdown of plant or essential machinery, emergency repair or maintenance, breakdown or shortage of utilities, delay in delivery or defects in goods supplied by suppliers or subcontractors (“Force Majeure”).

Upon the occurrence of any event of Force Majeure, Maison Berger shall promptly inform the Users 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 is entitled to cancel the order and refund the User, without any further liability to the User.

Governing Law

These General Terms and Conditions are governed by the laws of Canada, without giving effect to its conflict of laws provisions. The User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the state and federal courts located in Canada, for any action, suit or proceeding arising out of or relating to these General Terms and Conditions or its use of the Maison Berger Website, including related services or products.

Miscellaneous

Users acknowledge and agree that these General Terms and Conditions constitute the complete and exclusive agreement between Maison Berger and Users concerning the use of the Maison Berger Website and any purchase by Users of any Items, and supersede and govern all prior proposals, agreements, or other communications. Maison Berger reserves its right to change these General Terms and Conditions at any time and always encourages Users to review these General Terms and Conditions regularly to ensure full awareness. Any changes are effective immediately upon posting on the Maison Berger Website. Users’ continued use of the Maison Berger Website constitutes their agreement to all such General Terms and Conditions.

If any provision of these General Terms and Conditions is found by a court of competent jurisdiction to be invalid, then the Users agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these General Terms and Conditions will remain in full force and effect.

Maison Berger may, with or without prior notice, terminate any of the rights granted by these General Terms and Conditions. Users shall comply immediately with any termination or other notice, including but not limited to, as applicable, by ceasing all use of the Maison Berger Website.

Maison Berger reserves its right to refuse to supply Items to any person for any reason whatsoever, to withdraw any Items from the Maison Berger Website at any time and/or remove or edit any materials or content on the Maison Berger Website. Maison Berger will not be liable to Users or any third party by reason of Maison Berger’s (i) withdrawing of any Items from the Maison Berger Website, whether or not such Items have been sold (ii) removing or editing content on the Website, (iii) refusing to process a transaction or (iv) unwinding or suspending any transaction after processing has begun.

 

Contact

If you have any questions about these Terms and Conditions or if you wish to provide any feedback with respect to the Program, please contact us a support@maisonberger.ca.