You may use this website for the purposes of personal entertainment and information, online shopping for personal use, but you are not authorized to distribute, modify, communicate, transmit, edit or otherwise use the material contained on this website in any way whatsoever, except through the distribution tools made available to you by Boutique Équinoxe (Twitter, Facebook, Flickr, YouTube links). Any use of this material on any other website or computer medium forming part of a network for any purpose whatsoever is prohibited without the prior written consent of Boutique Équinoxe.
The material contained on this website may be subject to copyright and other intellectual property rights and any unauthorized use of such material may constitute an infringement of the Copyright Act, trademark laws and other laws to protect intellectual property. The use of any material or any trademarks other than those expressly mentioned herein is strictly prohibited.
2 User presentations
Unless otherwise stipulated in the previous chapter on respect for privacy, any material, information or other communication that you transmit or that you post on this website (“communications”) will be considered non-confidential and non-proprietary. Boutique Équinoxe, its company or others may copy, display, transmit, disclose, communicate or otherwise use these Communications. You are prohibited from posting or transmitting to or from this website any illegal, threatening, defamatory, blasphemous, obscene or pornographic material, or any material that infringes copyright or other intellectual property rights. from a third party if used without the latter's authorisation, or any software that contains a virus, defect or other harmful or disruptive element. By transmitting all communications to this website, including communications posted to chat sites, bulletin boards or other similar forums, you warrant that said communications originate with you or that you have permission to communicate them publicly and you waive all moral and similar rights worldwide in such communications.
3 Links to third party content
This website contains links to third party websites which are beyond Boutique Équinoxe's control, and Boutique Équinoxe is not responsible for the content of any site to which it is linked. These links are provided for convenience only. Boutique Équinoxe does not endorse these sites or make any representations or warranties with respect to them, or with regard to the information, software or other products or materials found there, or with regard to any results that can be obtained through their use.
Boutique Équinoxe reserves the right to revise these terms and conditions at any time without notice.
By accessing this website, you acknowledge and agree to its policies and conditions. It is important that you read these policies and conditions. If you access this website without reading the policies and conditions it contains, you still agree to be bound by all the policies and conditions it contains. In case of disagreement, we recommend that you do not access our site.
6 Written documentation
You hereby authorise the exchange by Internet of documents and information between you and Boutique Équinoxe, in accordance with the provisions of this chapter, or by electronic mail, and you agree that this agreement in electronic form is equivalent to an original agreement written between you and us. You also agree that any agreements, notices and other communications that we send to you electronically meet the legal requirements that such communications must be made in writing.
7 Exclusion of guarantees and limitation of liability
Unless expressly stated, otherwise herein and subject to laws which, in your jurisdiction, may prohibit or limit, in whole or in part, the scope of this disclaimer of warranties and limitation of liability, Boutique Équinoxe, members of management of each other, their directors, employees, agents, third party content providers, sponsors, agent license providers and other persons with whom Boutique Équinoxe is related or has a business relationship (collectively the "beneficiaries") does not make any declaration and gives no warranty of any kind, express or implied, nor does it ensure any condition prescribed by law or otherwise, as to (i) the content of this website and the information found therein, including, without limitation, the accessible links of the website, the intellectual property found therein and the respect for private life taking into account the exchange of information possible, (ii) interruptions and errors in the execution of business operations permitted from this website, and (iii) marketability, quality, title, durability, suitability, '' absence of counterfeiting and the adaptation to a particular use of the products and services offered on the website and to the commercial transactions that result therefrom, nor does it make any declarations, nor does it give any guarantees nor does it ensure the conditions resulting from the habits established by commercial use.
Under no circumstances shall Boutique Équinoxe and the beneficiaries be held liable for indirect damages, regardless of the cause (including, but not limited to, loss of profits or savings, loss of use or lack of availability of facilities, including deficiencies in computer resources), economic damages or exemplary damages resulting from the use of the computer site or, as indicated, losses and damages attributable to viruses, hacking or any other criminal act, data alteration, errors or transmission problems, of products sold or provided by Boutique Équinoxe or the Beneficiaries otherwise related to this Agreement or to transactions carried out on or from the Internet site of Boutique Équinoxe, even if Boutique Équinoxe or the Beneficiaries have been informed of the possibility of such damages or claims. The aggregate liability of Boutique Équinoxe and the Beneficiaries arising for any reason whatsoever (including breach of contract, negligence or gross negligence) shall never exceed the amount paid for the products ordered hereunder and that are the subject of the claim. Finally, Boutique Équinoxe and the Beneficiaries are in no way responsible for damages or losses caused by you, your employees, agents or subcontractors or events beyond the control of Boutique Équinoxe.
You agree to indemnify and hold harmless Boutique Équinoxe from and against any and all claims, losses or damages whatsoever resulting from or occasioned by (1) your breach of these terms and (2) your use of this Website, including any claim for infringement of any intellectual property right of any third party.
This section shall survive any termination or expiration of this Agreement.
Sales terms and conditions
This chapter sets out the terms and conditions that apply to the sale of Equinoxe Boutique products through the Internet site https://boutiqueequinoxe.myshopify.com. Boutique Équinoxe reserves the unilateral right to modify the present chapter on sales terms and conditions at any time and without prior notice.
Before submitting an order for our products, you must first confirm the order by clicking on the button identified for that purpose (the "Order Confirmation"), which includes the Product(s) ordered, the purchase price, shipping charges and applicable taxes. Subject to any provision to the contrary contained in the Consumer Protection Act (applicable in Quebec), when you transmit your order (by clicking on the "Confirm Order" button), it constitutes an offer to purchase the products listed in the Order Confirmation that you make to Boutique Équinoxe, according to the terms and conditions contained therein. An order is not binding on Boutique Équinoxe until it has been accepted by Boutique Équinoxe. Acceptance of your order by Boutique Équinoxe is evidenced by an e-mail sent by Boutique Équinoxe.
2 Cancellation and postponement of orders
Boutique Équinoxe may, at its sole discretion, terminate an account, limit quantities, refuse or cancel an order even if it has been confirmed and charged to your credit card. In the latter case, you will receive a full refund from Boutique Équinoxe for the amounts billed. If the cancellation is due to an error in the price or description of any product, Boutique Équinoxe may contact you to ask you to place a new order. If certain products are only available in limited quantities, are not available or may not be delivered immediately. Boutique Équinoxe may withdraw these products at any time without notice. If a product is unavailable, Boutique Équinoxe will notify you by e-mail and your order will be automatically cancelled with respect to that product. Alternatively, Boutique Équinoxe may, if it so wishes, allow you to maintain your order subject to a new delivery date based on product availability.
All prices are in Canadian dollars. Although Boutique Équinoxe makes every effort to provide accurate product information and exact prices, there is still a risk of error. Boutique Équinoxe reserves the right to correct erroneous prices and information at any time without notice. The Boutique Equinoxe cannot confirm the price of a product before transmitting your order. Boutique Équinoxe cannot force you to purchase a product at a higher price.
4 Terms of payment
Payment terms are established by Boutique Équinoxe, at its discretion, from time to time. Payments shall be made by credit card approved by the financial institution that issued the credit card, unless another predetermined method of payment has been previously accepted by Boutique Équinoxe.
5 Shipping and taxes
Boutique Équinoxe will ship the products ordered according to the delivery method you have chosen and to the address (in Canada only) indicated in the order confirmation. The delivery times indicated by Boutique Équinoxe are approximate. Boutique Équinoxe is not responsible for damages or costs resulting from, but not limited to, delivery delays.
Unless otherwise specified, prices do not include shipping and handling charges or applicable federal and provincial sales taxes and any other value added tax, use tax, goods and services tax, harmonized sales tax and other taxes and duties related to the order. All taxes and fees must be paid before the purchased products are shipped to you. These charges will be shown separately for each order in the order confirmation, as applicable.
6 Property risk of loss
The products are delivered by an independent delivery company under the terms of a delivery contract. You become the owner of the products and assume the risk of loss from the moment Boutique Équinoxe gives the products to the delivery company.
Returned products are subject to the return policy, the terms and conditions of which are available on the Boutique Équinoxe Web site, the terms and conditions of which are incorporated herein by reference. Certain restrictions may apply.