TERMS AND CONDITIONS
Last Update: April 18th, 2017
1. Introductory Remarks
PLEASE CAREFULLY READ THESE CONDITIONS BEFORE BROWSING OR PERFORMING ANY TRANSACTION ON THE WEBSITE.
2. Acceptance of the Conditions
By agreeing to the Conditions, or by using the Website, you accept to be bound, without reserve or restriction, by the terms and stipulations of the Conditions. Access to and use of the Website is subject to the full respect, without reserve of these Conditions. If you do not wish to be bound by this contract or if you do not fully accept the Conditions, you must abstain from using or accessing this Website.
3. Purchase of a Pocketbook
Any Website User may purchase Pocketbooks online, granting certain discounts at participating artisans (the “Pocketbooks”).
Therein, you accept and understand that:
- Prices. The prices are shown in Canadian dollars. Unless otherwise stated, the prices do not include applicable sales taxes. Any order of a Pocketbook, regardless of its origin, is payable in Canadian dollars. Prices shown include shipping and handling only for deliveries to Canada. To find out about our shipping and handling fees outside of Canada, please contact our Customer Service. Please note that for any delivery outside of Canada, any custom fees and local taxes will be charged to the recipient in addition to the price shown on the Website. Prices are subject to change without prior notice.
- Payments. Payments for your purchase or subscription are made by credit card through the Shopify secure online payment system. You accept to pay the full cost and expenses of the products purchased, including taxes and shipping and handling fees, if applicable. You are solely responsible of actual payment of the product purchased. In the event that your payment can not be validated or processed, your order will no be delivered and Farsley will not have any obligation to processed your order. Farsley is not responsible for payment problems related to the operation of the secure online payment system. If you prefer to buy the Pocketbook by phone or by post, please contact Customer Service.
- Confirmation of your order. The receipt by email of the confirmation of your order does not automatically mean that Farsley accepts it and is not a confirmation of commitment to sell the products covered by your order. Farsley reserves the right, at its sole discretion, to cancel or reject any order, for any reason, such as:
- non-availability of a product when processing the order;
- inaccuracies or errors relating to price or product information;
- problems with processing your payment;
- inability to deliver the product to the indicated delivery address.
Farsley may also require checks or additional information before accepting any order. Farsley will contact you in the event that all or parts of your order are canceled or to obtain additional necessary for the acceptance of your order.
- Processing of your order. Allow 10 to 14 business days before you can expect the delivery of your Pocketbook.
- Delivery. Pocketbooks are shipped by parcel service. We pay attention to choosing the best shipping method. Farsley is not responsible for delays or clerical errors in the delivery address that are attributable to you or any other delay caused due to force majeure.
Any damage to the Pocketbooks delivered shall be reported within 72 hours of receipt of the said Pocketbook. To do so, please contact Customer Service. Once the 72-hour period has elapsed, the Pocketbooks are deemed to have been sent and received in perfect condition.
All of the content created, developed, disseminated, communicated, elaborated, generated or reproduced on the Website (including texts, codes, illustrations, images and videos) and its selection, composition and arrangement (the “Content”) is owned by Farsley or is under licensed from a third-party and may be protected by intellectual property laws, including the Copyright Act (R.S.C., 1985, c. C-42). Where applicable, Farsley reserves all of its rights with regards to the Content which is its property. Consequently, it is prohibited to copy, reproduce, modify, reformulate, edit, and more generally, to use the elements that constitute the Website’s Content in whole or in part, unless you have obtained the prior written consent of Farsley. Notwithstanding the preceding paragraph, you may download, print and reproduce the Content for your own informational purposes provided that you agree to maintain any and all copyright or other proprietary notices contained in such Content and that you cite the source URL of such Content.
Certain names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Website may constitute trademarks, registered or not, by Farsley or third parties. Although the Farsley may use under license certain trademarks of third parties, the display of third parties trademarks on the Website shall not imply any relationship or license between the Farsley and said third parties owning a given trademark, nor the approval by the Farsley of the goods, services or activities of the owner of said trademark. Nothing contained on the Website should be construed as granting you any license or right to use any logo, design or trademark of Farsley or of any third party, without the prior written permission of the Farsley or of the third party owner of the given logo, design or trademark.
6. Your Obligations
By using the Website, and without limiting what is otherwise stated under these Conditions, you agree (i) to respect all laws applicable to you under your home jurisdiction, (ii) to provide us with accurate and up-to-date information, and (iii) to use the Website in a reasonable and responsible manner.
Furthermore, you agree not to:
- use the Website for any illegal or unlawful purposes;
- violate the intellectual property rights of the Farsley or others, such as those concerning patents, trademarks, trade secrets, licensing, copyright or other proprietary rights;
- monitor the availability, performance or the functionalities of the Website for competitive purposes;
- use software, devices, manual coding robots or automatons or other means to access, break down, analyse or index the Website, the Service or any data or related information;
- transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- circumvent any security feature of the Website;
- use the Website in way it is not intended to used.
7. Links to Third-Party Websites.
Some links within the Website may take you to other third party websites which are not under the control or under the responsibility of Farsley. Farsley has no way to control these websites, and is not liable for, nor guarantees, the availability, reliability or of the legality of these websites. Farsley does not endorse nor approve the content that these websites allow access to, and excludes all responsibility or guaranty in their regard. The User that accesses these websites does so at its own risk. Farsley reserves its right to insert advertisement throughout the Website, which can link to third party websites. Under no circumstance does Farsley approve, endorse, nor is liable for the ideas, opinions, products, services or more generally the content displayed in the advertisements or the third party websites to which they offer access to.
8. Idea Submissions
You agree that any comment, suggestion, idea or proposal related to the Website, its functionalities, or the commercial activities in which Farsley participates in that you submit to Farsley (the “Material”) is non-confidential, non-proprietary, and may be disclosed, used, adapted or implemented by Farsley without any obligation to remunerate you or compensate you in any form.
9. No Warranties
The Website and all of its content are provided “as is”. When you use the Website, you acknowledge and agree that you do so entirely at your own risk. The Website may be terminated or its access may be interrupted at any time by Farsley or otherwise. Farsley make no representations or warranties as to the content, services or functionalities offered on the Website, including, but without limitation:
- as to the accuracy, availability, completeness, reliability, merchantability or the opportunity of the Website;
- as to the operation or accessibility of the Website without interruption or error;
- As to the correction of defects or errors in the Website;
- As to the absence of viruses or harmful elements in the Website; and
- As to the secure transmission or transmission without interception of communications through the Website.
10. Limitation of Liability
To the full extent allowed by applicable law, in no event shall Farsley and its officers, directors, employees, agents and their respective successors and assigns have any liability, whether based in contract, delict or tort (including negligence) or strict liability, for incidental, indirect, consequential, special, or punitive damages of any kind, or for loss of revenue or profits, loss of business or goodwill, loss or corruption of, or unauthorized access to, or disclosure of information or data or other financial loss arising out of or in connection with the use, performance, failure, or interruption of the Website, whether foreseeable or not, and even if Farsley knew or should have known of the possibility of such damages. Moreover, Farsley does not have any obligation to retain or store the researches, preferences and is not responsible for any loss or damage resulting from the loss of these data. If you decide to visit or to use a website related to the Website, material, software, goods or services offered from a website related to the Website, you do so entirely at your own risk.
Farsley is not responsible for the actions that you take or fail to take in connection with the Website (your “Acts”). You accept that your Acts are under your sole responsibility and acknowledge that they have been made with full knowledge of the facts. Farsley shall not be held liable of any breach to the Conditions that you may have committed. As a result, you will hold harmless Farsley, its subsidiaries and its affiliates, directors, officers, agents, representatives, employees and business partners in the event of any legal action being taken against it following any breach of the Conditions you have committed. In any case, you agree to indemnify and hold harmless Farsley, its subsidiaries and its affiliates, directors, officers, agents, representatives, employees and business partners from and against any loss, liability, claims, damages, costs and expenses of any nature whatsoever, including reasonable attorneys’ fees, with respect to your Acts and any violation of the Conditions, the law or the rights of a third party.
12. Governing Laws and Jurisdiction
These Conditions are governed by, and must be interpreted and enforced in accordance with the laws of the province of Quebec and the federal laws of Canada applicable therein, without regard to conflicts of law principles.
This paragraph does not apply to consumers of the province of Quebec (Canada) to whom Quebec’s Consumer Protection Act ( chapter p-40.1) applies.
You accept and irrevocably agree that the courts of the District of Montréal, Province of Quebec, Canada, will have exclusive jurisdiction for the adjudication of any and all disputes or controversies arising out of or relating directly or indirectly to these Conditions and waive any objections to the assertion or exercise of jurisdiction by such courts, including any objection based on forum non conveniens.
Each provision of these Conditions is separate and distinct and, if a provision of these Conditions is determined to be invalid, illegal or unenforceable, all other provisions will remain in full force and effect
A failure to act, or delay in acting, by Farsley with respect to a non-performance, or the non-exercise of a right, under these Conditions will not operate as a waiver of that performance or of that right. The waiver of a right under these Conditions will not be effective unless it is given in a signed writing. In such case, it will be effective in the specific instance and for the specific purpose given.
The Website is a dynamic and evolving environment subject to change. Farsley may review the Conditions at its sole discretion by simply updating this page or the pages containing the provisions of the Conditions to be amended. It is your responsibility to consult the Conditions on a regular basis to be aware of any change that may be made. If you do not agree with one or many amendments made to the Conditions, you must cease your use of the Website. Your use of the Website following the posting of an amended version of the Policy implies your consent to being subjected to the said changes.
16. Communication and Customer Service
Any notice or communication which is required or permitted to be given under these Conditions must be made in writing and will be deemed to have been effectively transmitted if sent by email or registered mail to the following addresses:
- in the case of Farsley: to the contact information indicated from time to time under Contact
- in the case of the User: to the email address provided to Farsley when purchasing a Pocketbook or otherwise. Any communication to the User may also be sent by mail.
Notice or communication can also be made to the user by mail. Such notice or communication will be deemed to have been given and received on the day it is actually delivered or sent (or if that day is not a business day, on the following business day), unless it is delivered or sent after 4:30 p.m., in which case it will be deemed to have been given and received on the next business day. If you have any question or comment regarding these Conditions, please contact our Customer service
Sections 8 (Idea Submissions), 9 (No Warranties), 10 (Limitation of Liability), 11 (Indemnity), 12 (Governing Law and Jurisdiction), 13 (Severability), 14 (Waivers), and 17 (Survival) shall survive any termination or expiration of this Agreement.
La version française de ces Conditions d’utilisation est disponible ici.
These Conditions are also available in languages other than English. In the event there should be any inconsistencies or contradictions between versions of the Conditions in different languages, the latest French version of the Conditions shall prevail.
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