Article 1 - GENERAL PROVISIONS - SCOPE
1.1 The these General Conditions of Sale ("the GTC") of the incorporation 9437-0954 Quebec Inc ,. (hereinafter called "the Company"), founded under the laws of Canada, having its head office at 250 rue des lilas, Trois-Rivières, G8V 1S4, QC, Canada, represented in Canada by its manager, 9437-0954 Quebec Inc., determine the rights and obligations of the parties within the framework of the online sale of the Products offered by the company.
1.2 Any Order placed on the Nora website implies prior acceptance without restriction of these General Conditions of Sale, which are subject to civil law applicable in the province of Quebec and Canadian federal law applicable in Quebec. These GTCS are therefore an integral part of the Contract between the Client and the Company. They are fully enforceable against the Customer who declares having read and accepted them, without restriction or reservation, before placing the Order.
1.3 These GTCS apply to any Order placed by a an adult natural person acting as a consumer (hereinafter referred to as "the Client"). The Customer therefore certifies that he is a natural person over 18 years of age, acting for purposes that do not fall within the framework of a commercial, industrial, craft, liberal or agricultural activity. He acknowledges having the full capacity to commit when placing an Order and undertakes to provide truthful elements as to his identity.
1.4 The GTC applicable to each Order are those in force on the date of payment (or the first payment in the event of multiple payments) of the order. The Company reserves the right to modify these T & Cs at any time, by publishing a new version on its website. These T & Cs can be viewed on the Company's website at the following address: norawatch.com or any other Company site (hereinafter referred to as “the site” or “the sites” depending on the circumstances).
Article 2 - CONCLUSION OF THE ONLINE CONTRACT
2.1. Order process
To buy one or more Products on the site, the Customer selects each Product and adds it to his basket. Once his selection is complete, he must confirm his basket to place the Order (1st click)
At this stage, the Customer is redirected to a page containing:
It is up to him to read these T & Cs carefully before validating the entire Order.
The validation of the Order after checking the basket and reading the T & Cs (2nd click) constitutes conclusion of the Contract and the Customer acknowledges that the 2nd click entails a payment obligation on his part.
After having validated his Order and made his payment, the customer receives, on the email address he has communicated a confirmation message from the company. This message contains,
The summary of his order (Selected product, price, terms and delivery costs);
The Order number; < br> The terms, conditions and withdrawal form;
If the Order confirmation is not received, the Customer is recommended to contact the Company or its manager using the contact form on the
The Customer is strongly advised to keep this confirmation message and the purchase invoice which is also sent to him in electronic format since these documents can be produced as proof of the Contract.
2.2 Case of refusal of validation of the Order by the Company
The Company reserves the right to refuse your Order for any legitimate reason, including for example:
Order not in accordance with the GTC;
Quantities ordered not corresponding to a normal use by a consumer Customer;
Non-payment of a previous Order or ongoing dispute concerning a previous Order;
Suspicion of fraud on the Order (supported by a bundle of consistent clues).
Article 3 - PRODUCT SPECIFICATIONS AND AVAILABILITY
3.1 Product Specifications
The essential characteristics of the goods and their respective prices are made available to the Customer on the Company's websites, as well as, where applicable, information on the use of the product.
The Specifications are presented in detail and in French. The Parties agree that the illustrations, videos or photos of the Products offered for sale have contractual value. The period of validity of the o ﬀ er of the Products as well as their prices are specified on the Company's websites.
3.2 Availability of the Products
Product offers are valid while stocks last from our suppliers. This availability of the Products is normally indicated on the specific page of the Product.
However, insofar as the Company does not reserve stock (except in specific cases of Products indicated as pre-order on the Product sheet), placing a Product in the basket does not absolutely guarantee the availability of the Product and its price.
In the event that a Product becomes unavailable after validation of the Customer's Order, the Company will immediately inform it by email. The Order will be automatically canceled and the Company will reimburse the price of the Product initially ordered, as well as any amount paid for the Order.
However, if the Order contains other Products than when one becomes unavailable, they will be delivered to the Customer and the delivery costs will not be reimbursed.
Article 4 - PRICES OF THE PRODUCTS
4.1 Reference prices indicated on the
sites The reference price of the Products offered on the site is the retail price suggested by the brand, the manufacturer or its official representative. Otherwise, it is a price determined on the basis of the prices at which the Product is commonly sold in a panel of retailers distributing it. This price is updated as soon as the brand, the manufacturer or its official representative communicates a new recommended price for the Product or as soon as the price charged within the panel of signs is modified.
4.2 Modification of the prices indicated on the
sites The prices of the Products are indicated on the product description pages. They are indicated excluding tax, customs duties and shipping costs. The Company reserves the right to modify the prices of the Products at any time, in compliance with the applicable legislation.
The Products ordered will be invoiced on the basis of the price in force on the site at the time of validation of the Order
4.3 Product prices
Insofar as many Products are imported from abroad (outside Canadian territory) at the request of Customers, the prices of Products sold through Internet sites are indicated in US Dollars, excluding taxes (excluding GST and QST in Canada, excluding VAT in the European Union and customs duties) unless otherwise indicated. They are precisely determined on the product description pages. They are also indicated in American Dollars, excluding tax (excluding GST and QST in Canada, excluding VAT in the European Union and excluding customs duties), unless otherwise indicated, on the Product Order page, and excluding specific costs of shipping.
The prices of the Products do not include VAT, GST or QST on imports, import taxes or customs duties, which must be paid in addition and will be fully payable by the Customer, who is liable for these taxes as recipient of the Product.
The prices of the Product (s) do not include the costs of packaging, conditioning, 'shipping, transport, insurance and delivery of the Product (s) to the delivery address.
4.4 Payment of taxes
The Customer is solely responsible the process of declaration and payment of VAT, and / or GST and QST upon importation during customs clearance of the Product. He may be asked to pay VAT and / or GST and QST on importation. Insofar as this tax is not the responsibility of the Company, it cannot be held responsible for the reimbursement of this tax.
For all products shipped outside the European Union and / or overseas departments TOM, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. The Company has no control over these rights and sums.
They will be the responsibility of the Customer and are their responsibility (declarations, payment to the competent authorities, etc.). The Company therefore invites the Customer to obtain information on these aspects from the corresponding local authorities.
Article 5 - PAYMENT OF THE PRICE OF THE PRODUCTS
5.1 Time of payment
Payment of the full price of the Order must be made immediately after validation of the Order.
The Company may, exceptionally, grant payment in installments, in particular with regard to the amount to be paid and to its knowledge of the Customer concerned. However, the Company has no obligation to grant such payment terms. In the event of a particular situation, the Customer may make a request by contacting the Company's Customer Service at the following address email@example.com
5.2 Payment methods < br> To pay for his Order, the Customer can choose between different payment methods:
Payment by bank card:
Only international bank cards are accepted (Visa, MasterCard, American Express). The Client guarantees the Company and its manager that he has the necessary authorizations to pay with the bank card used. He expressly acknowledges that the commitment to pay given by card is irrevocable and that the communication of his bank card number constitutes authorization to debit his account up to the total amount corresponding to the Products ordered. The amount will be debited at the time of validation of the Order.
Payments by bank card are made via a secure payment platform and the information on the bank cards provided benefits from the SSL encryption process
Payment via Paypal
Payment by Paypal is accepted up to a limit of $ 1,000.00.
It is emphasized that in the event of recourse to this method of payment, General Conditions of Use of Paypal, which are available on the latter's website, are in addition to these T & Cs.
Payment by vouchers and / or promo codes < br> Vouchers and / or promotional codes issued by the Company can be used to pay for all or part of the Order. These vouchers and / or promotional codes are only valid once. In the event of an attempt to fraudulently use vouchers and / or promotional codes, the Company may proceed to the outright cancellation of the Order.
In general, in the event of refusal of payment authorization by officially accredited bodies or in the event of non-payment of the Order, the Company reserves the right to suspend and / or cancel said Order.
The Company reserves the right to suspend any of the payment methods at any time, in particular in the event that a payment service provider no longer offers the service used or in the event of a dispute with a Customer concerning a Previous order.
The Company reserves the right to set up an Order verification procedure intended to ensure that no one is using the bank details of another person without their knowledge. As part of this verification, the Customer may be asked to send by email or by post to the Company a copy of an identity document, proof of address as well as a copy of the bank card used for payment. . Precise information on the exact content of the information requested (to preserve the confidentiality of his data) will be communicated to the Customer in the event of verification. The order will only be validated after receipt and verification of the documents sent.
Article 6 - DELIVERY - CUSTOMS CLEARANCE - RECEPTION
Our logistics department dispatches orders within 48 hours after receipt of your full payment.
However, the logistics department reserves the right to extend this period during sales periods or when there is a high influx of orders.
Packages can be tracked at any time via the "track my package" page, on the Canada Post website (for all Canadian orders or on the track17.net website (For all European orders ).
As part of a delivery without signature, we disclaim any responsibility for any loss, disappearance or theft of the package.
If following an error by our services your items are not delivered after 60 working days, you will be fully refunded or the items will be returned to you s at your convenience.
The products are offered for sale while stocks last.
In the event of restocking of the product (s) ( s) ordered, delivery times may be extended from 8 to 20 working days.
6.2 Customs clearance
When purchasing, the Customer purchases the product duty free and becomes importer of the product purchased in its capacity as recipient of the Product.
It is therefore in particular responsible for the process of importing and clearing the product from the local customs offices. Depending on the price of his order, he may be asked to pay customs duties (for Products with a customs value greater than $ 150.00).
The Customer is solely responsible for the customs duty declaration process during customs clearance of the Product. These customs duties, which are not invoiced to the Client by the Company, are not the responsibility of the society. The latter cannot therefore be held liable for the reimbursement of these rights.
Upon receipt of the Product, the Customer undertakes to check that the Product is complete and that it is not damaged.
In the event upon finding an anomaly, the Customer must contact the Company's Customer Service at firstname.lastname@example.org within three days (excluding public holidays) following the date of receipt of the Product. Any complaint filed after the deadline cannot be processed
Article 7 - WITHDRAWAL
7.1 Principle and deadline
The Customer has the right to retract, without giving any reason, within 14 days of ordering. In the event of an order for several products, the period shall run from receipt of the last Product.
In the event of exercise of the right of withdrawal within the aforementioned period, the price of the Product (s) purchased and the shipping costs will be reimbursed, the return costs remaining the responsibility of the Customer.
This right of withdrawal cannot be exercised for following contracts:
Supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;
Supply of goods made to the consumer's specifications or clearly personalized;
Supply of goods liable to deteriorate or expire quickly;
For the supply of goods which have been unsealed or undone by the consumer after delivery and which cannot be returned for reasons ns of hygiene or health protection;
Supply of goods which, after having been delivered and by their nature, are inseparably mixed with other articles;
Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
Supply of a newspaper, a periodical or magazine, except for subscription contracts to these publications;
Concluded at a public auction;
Article 8 - GUARANTEES
8.1 Legal guarantees
The Company remains responsible for any lack of conformity of the goods as well as hidden defects in the goods sold.
When it acts within the framework of the legal guarantee of conformity, the Consumer Client:
8.2 Manufacturer's warranty
Certain Products for sale on the Site benefit from a contractual guarantee granted by the supplier or manufacturer of the Product t, to which the Company is not directly a party.
The existence of this type of guarantee is mentioned, where applicable, on the specific page of the Product.
If the Customer wishes to invoke this guarantee, he should notify the Company by contacting Customer Service and consult the terms of application of the guarantee himself, which are generally inserted in the box concerning the Product.
It is recalled that the benefit of the Manufacturer's Guarantee does not preclude the application of the legal provisions concerning the legal guarantee of conformity and the legal guarantee hidden defects.
Article 9 - PROTECTION OF PERSONAL DATA
As part of the commercial relationship, the Company, responsible for processing, collects a certain number of mandatory personal data (including in particular, last name, first name, delivery address, etc. which are mentioned by an asterisk) which are absolutely necessary for the processing of the Order, for the management of the commercial relationship, for the production of statistics and for compliance with the legal and regulatory obligations of the Society. They are kept for 5 years from the end of the Contract.
The fact that the Customer does not communicate this information would make it impossible to process his Order.
These data are intended for internal use by the Company, its manager and their related entities but may be transmitted to companies which contribute to the management of the Company's sales, the marketing of the Company's products and to the execution of its service, including in particular those which ensure the deliveries of the Products or ensure the processing of payments.
By accepting these T & Cs, the Client agrees that the Company, its manager and their related entities may use the Client's Personal Information in order to send him communications or data related to the Company, the manager and their related entities, including, without limitation: (i) notices regarding the products that the Client has requested, including opinions on conditions of purchase; (ii) updates; (iii) information or documents on its transactions; (iv) products and / or services purchased or selected by the Customer or with which he has established a link by using the Site. In addition, the Customer agrees to receive these messages by email, text messages and / or social networks.
It should be noted that some of these emails may be of a more "commercial" nature than others because they may advertise an element of the Company, its manager, their related entities or some of the products or services of the Company, its manager and their related entities which, according to the latter, could be of interest to the Client. They may also relate to a campaign or promotion of the Company, its manager, their related entities, a partner of the Company, its manager, their related entities or another third party. The Customer will have the possibility of refusing to receive these commercial emails by following the instructions to this effect presented by the Company.
Article 10 - INTELLECTUAL PROPERTY RIGHTS
Unless specifically stated otherwise on the page of a Product, the sales of Products on the site do not involve any transfer of intellectual property on the Products sold.
Trademarks, domain names , products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Company or their initial owner. No transfer of intellectual property rights is carried out through these GTC.
Article 11 - FORCE MAJEURE
The Company cannot be held responsible for any non-performance of its obligations hereunder in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance. The Company will notify the client of the occurrence of such an event as soon as possible.
Article 12 - EXCLUSION OF RESPONSIBILITY
Notwithstanding any provision to the contrary stated herein, the Company may in no case be held liable for any loss or damage due improper use of the Product (s) by the Customer, including in particular a modification or alteration of the Product (s) not authorized by the Company
The Customer therefore agrees that neither the Company, nor any of its service providers, managers or related companies can be held responsible for any claim or loss whatsoever, including indirect, consequential, special or punitive losses.
Notwithstanding the other provisions of these T & Cs, if the Company or its manager is held liable to the Customer for any damage or loss arising from or related in any way to the use of the Site, any Content or any product sold, the liability of the Company and its manager shall in no event exceed the greater of (1) the price paid for the product purchased by the Customer, or (2) $ 100.00 USD.
Article 13 - SUSPENSION - ACCOUNT TERMINATION
The Company reserves the right to suspend or terminate the account of a Client who contravenes the provisions of the GTC, or in general the applicable legal provisions, without prejudice to any damage and interests that the Company could request.
Any person whose account has been suspended or closed may not subsequently order or create a new account on the Site, without the prior authorization of the Company.
Article 14 -
Article 15 - NULLITY AND MODIFICATION OF THE T & Cs
If any of the stipulations of these T & Cs is null, it will be deemed unwritten, but will not result in the nullity of all contractual provisions.
Any tolerance on the part of the Company, in the application on all or part of the commitments made within the framework of these T & Cs, whatever the frequency and duration, may not constitute a modification of the T & Cs, nor generate any right for the Customer.
Article 16 - APPLICABLE LAW AND SETTLEMENT OF DISPUTES
These GTCS are subject to civil law applicable in the province of Quebec and Canadian federal law applicable in Quebec.
In the event of any difficulty, Customer Service at email@example.com is at your disposal to find an amicable solution. .