ONLINE CONTRACT OF SALE
The following are the terms of the contract of sale between Nunavik Creations Inc. (“the Corporation”) and the buyer (“Buyer”) of goods or services through the Corporation’s Website (the “Site”).
Buyer agrees to the terms and conditions outlined in this Online Contract of Sale ("Contract") with respect to the goods provided by or through the Site. This Contract constitutes the entire and only Contract between the Corporation and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods provided by or through the Site, and the subject matter of this Contract. Upon submitting the transaction via the Site, Buyer is deemed to have fully reviewed this Contract prior to the purchase of goods and confirmation of the transaction of sale shall be deemed acceptance of this Contract.
Prior to the conclusion of the Contract, the Corporation will provide you with all information required under applicable legislation, including but not limited to the purchase price, taxes, levies, detailed product description, delivery fees and carrier information, delivery and production delays, the Corporation’s contact information.
Prices and costs
The price of a product as shown on the Site (hereinafter referred to as the “Purchase Price”) is the net price of the product, excluding federal and provincial taxes, as well as shipping costs. The Buyer bears the shipping costs of a product, which shall be added to the Purchase Price. The Buyer is informed of the amount of the shipping costs during the ordering process via the Site. The Corporation reserves the right to change the Purchase Price of any of the offered products at any time. Products shall only be dispatched to the Buyer after full payment has been received by the Corporation.
Setup and Payment
Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer's credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through use of Buyer's password. Buyer agrees to keep his or her password confidential and to notify the Corporation within 24 hours of any breach of this Contract or unauthorized use of the password. The Corporation is not liable to protect Buyer from unauthorized use of Buyer's password.
The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the Site is prohibited.
Editing, Deleting, and Modification
The Corporation reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any products for sale at any time without prior notice. The Corporation may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring after said date.
The products offered from or through the Site are provided "as-is," "as available," and all warranties, express or implied, are disclaimed, subject to applicable guarantees provided by applicable law (limited to: normal usage, reasonable durability, manufacturing defects, latent defects rendering the product unusable).
However, notwithstanding the foregoing, the Corporation shall not bear any costs or compensate any damage occurring to products due to improper handling and improper maintenance from the Buyer or any other third party of the products sold; nor shall the Corporation provide any replacement parts or repair service to the products sold. Buyer understands that the product shipped to the Buyer may contain slight but normal imperfections due to the nature of the product and therefore the delivered product may not be identical to the image of same as posted on the Site, but nevertheless such product conforms to the written product description listed on the Site. Such imperfections are not subject to the warranty, legal or otherwise, and are therefore disclaimed.
The sole and entire maximum liability of the Corporation, for any reason, and Buyer's sole and exclusive remedy for any cause whatsoever, shall be limited to the amount paid by the Buyer for the particular items purchased. The Corporation and any of its affiliates, dealers or suppliers are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort and civil liability (including negligence), product liability or otherwise, even if advised of the possibility of such damages.
The Corporation reserves the right to inspect and evaluate the Buyer’s purchased product for which he/she requests the application of the warranty provided by applicable legislation. If such warranty is applicable, Buyer cannot transfer same to any third party.
No Refunds nor Exchanges
Subject to applicable legislation, the Corporation does not provide any refund nor exchange policy whatsoever for the purchase of its products.
The Corporation strives to respect the announced delivery delays for products purchased by the Buyer. However, delivery and production delays can vary depending on the production delays of the ordered products. The Corporation shall advise the Buyer as soon as possible of any additional delay that could increase the delivery delay of the Buyer’s order.
Rebates Provided to Inuit Beneficiaries of the James Bay and Northern Quebec Agreement (JBNQA)
Given its mandate to work for the well-being of the Inuit Beneficiaries pursuant to the JBNQA, Inuit beneficiaries pursuant to the JBNQA and applicable legislation are entitled to rebates on products purchased on the Corporation’s website. However, admissible beneficiaries must ensure of the following in order to benefit from said rebate (1) that he/she opens an online account with the Corporation; (2) verify that he/she is effectively admissible, as of the transaction date, as an Inuit beneficiary pursuant to the JBNQA and applicable legislation, and (3) register their Beneficiary Number pursuant to the JBNQA upon opening an online account and at the confirmation page of the transaction. The Corporation reserves the right to independently verify the Buyer’s eligibility as a JBNQA beneficiary and, in the event of Buyer’s ineligibility as a JBNQA beneficiary on the transaction date, the Corporation has the right to immediately claim, without any recourse available to the Buyer, the payment of the full price for the purchased product(s), and Buyer’s failure to pay the remaining balance shall result in the cancellation of the transaction.
Governing Law and Venue
This Contract shall be treated as though it were executed and performed the province of Quebec, Canada and shall be governed by and construed in accordance with the laws of the province of Quebec, Canada (without regard to conflict of law principles). The Courts of the Judicial District of Montreal, Province of Quebec, Canada, shall have exclusive jurisdiction and venue over any dispute arising out of or relating to this Contract, and each party hereby consents to the jurisdiction and venue of such courts.
Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or the Corporation is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of the Corporation to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.However, this Contract shall be void if it is inconsistent with applicable foreign legislation prohibiting the sale and/or delivery of certain animal products.
The Corporation is entitled to invoke force majeure if the implementation of the Contract is, in whole or in part, temporarily or permanently, prevented or impeded by circumstances reasonably out of its control, including site or building blockades, strikes, specific work interruptions or work-to-rule slowdowns and lockout; delay in the provision of parts to the Corporation, goods or services ordered from third parties other than by circumstances to be imputed to the Corporation; accidents and interruptions of business operations.In the case of force majeure on the part of the Corporation, its obligations are suspended. Should the force majeure last longer than three months, both the Corporation and the Buyer are authorized to cancel the non-feasible parts of their Contract through a written declaration.
Les parties reconnaissent avoir convenu que le présent contrat soit rédigé en anglais. The Parties recognize that they requested the present Contract to be drafted in the English language.
Acknowledgment of Acceptance of Contract
This Contract represents the entire understanding between you and us regarding your relationship to Online and supersedes any prior statements or representations. IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS ONLINE CONTRACT, please click the "I Agree" button below, failure of which will result in the cancellation of your order.