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General Terms and Conditions of Sale

Please read attentively these General Terms and Conditions of Sale and clearly understand them before using “Biovertu Products” website.

Failure to abide by these General Terms and Conditions of Sale may result in the termination of your account and the cancelation of any privileges related to your account.

By using or ordering a product on “Biovertu Products” website, you acknowledge that you have read, understood and accepted all the General Terms and Conditions of Sale. If you do not want to be bound by these General Terms and Conditions of Sale, you cannot use or purchase products on this website.

These General Terms and Conditions of Sale constitute a contract between you and “Biovertu Products”; you may therefore save or print them.

PREAMBULE

By using this website whose electronic addresse is: www.biovertu.com (hereinafter “website”), you, User (hereinafter « you » or « Client ») accept the General Terms and Conditions of Sale (hereinafter « GTCS»), that we, Biovertu Products (hereinafter« we », « our », or « Company ») have provided.

The GTCS outlined below constitute a contract between the Client and the Company.

1.    OBJECT OF THE GTCS

The object of these GTCS is, on the one hand, to propose and inform the Client about the Company’s online sale terms and conditions, steps required to place and track orders and, on the other hand, to define the rights and obligations of parties with regards to the Company’s sale of products to the Client. These GTCS exclusively apply, without restrictions or reserves, to anybody who purchases goods and services through our website, and replace any agreement, commitments, and guarantee, current or previous, relating to goods, services, and information presented on this website.

1.1.   ACCEPTATION OF THE GTCS

The Client declares he (she) has read these GTCS before placing any goods or service purchase order, and formally declares that he (she) accepts these GTCS without any reserves. If you do not accept these GCTS you cannot purchase online on this website.

1.2.   ENTRY INTO FORCE

Applicable GTCS are those in force on the website at the order validation date.

1.3.   LANGUAGE

In case of translation discrepancy between different versions of these GTCS in several languages, only the French version shall be considered as authoritative.

2.      OPERATOR INFORMATION 

Name of Enterprise: 9227-0982 Québec Inc.

Commercial Name: BIOVERTU PRODUCTS

NEQ: 1166826900

GST:  85177 6310 RT 0001

QST: 1216859053 TQ 0001

Registered Office: 9675, Avenue Papineau #390, Montréal, Qc, H2B 3C8, Canada

Telephone: +1 (450) 445-0957

Toll free: +1 (855) 804-3205

Fax: +1 (855) 804-3204

Technical Support: webmaster@biovertu.com 

Business Hours: Monday to Friday from 9 a.m. to 5 p.m. (Eastern Time) 

3.      USE OF THE WEBSITE

3.1     ACCESS TO THE WEBSITE

The Client shall freely navigate on different pages of this website without being bound by way of an order and shall be responsible for any telecommunications charges, if applicable, when he (she) connects to Internet and uses this website.

3.2     PLACE OF OPERATION OF THE WEBSITE

The Company’s website is operated from our offices located in Canada. It is prohibited to access this website from any province (state) or country whose legislation may prescribe that the use or content of this website is illegal. It is your responsibility to abide by applicable local laws of provinces (states) and countries from where you use this site.

3.3     CAPACITY

The Client declares that he (she) is major and has the full legal capacity to commit to these GTCS. Otherwise, the Client shall not use the services of this website and the Company shall not be liable for the use of this website by a minor.

3.4     ACCURACY OF INFORMATION

The Company does its best to update information presented on this website and assumes no responsibility for errors that occur in the information, the content validity, data sheets, and product descriptions, despite precautions taken by the Company. In no case the Company shall be held responsible.

3.5     MODIFICATION

In consideration of potential developments of this website, the Company reserves the right, any time and at its sole discretion, and without prior notice, to review, adapt, modify or delete any information from these GTCS or the website content, provided that this change appears on the website. The new GTCS will be applicable only to sales made after this modification. The Company may also impose limits on certain elements or restrict access to certain sections of this website without any prior notice and liability. Please visit these pages from time to time to consult and take notice of the GCTS in force. 

3.6     INTELLECTUAL PROPERTY

This website and all the materials it contains (brands, logos, drawings, modules, texts, Internet pages, pictures, images, graphics, website data, etc.) are the exclusive intellectual property of the Company. Exploitation, diffusion, or use in whole or in part in any form whatsoever of the content of this website, be it a software, visual or sound material or others, is prohibited.

3.7     LINKS TO OTHER WEBSITES

The Company’s website contains links to websites managed by third parties. By clicking on these links you leave our website. We have no control and assume no responsibility for protection practices such those related to confidentiality and security of those websites, for their contents and functionality. Listing of these third party websites on our website shall in no case be interpreted as our endorsement and shall in no case make the Company liable for third party websites. The Company shall in no case be responsible for potential damages or losses resulting from the use of these websites. Any complaints relating to third party websites shall be reported to the owners of these websites. Therefore we recommend that you use these websites with precaution.

3.8     PERSONAL USE

All materials of the Company’s website are offered for personal and non-commercial use. Any resale in whole or in part of the website materials, such as products, is strictly prohibited. Sales to professionals are subjected to a specific contract. The use of the website materials for advertisement or commercial purposes without the Company’s written consent is prohibited.

3.9     COMPENSATION

The Client shall commit to compensate the Company for any liability of loss, complaint and costs resulting from the violation by the Client of the rules of use of this website and/or other websites of the Company.

4.      CLIENT

4.1   CLIENT IDENTIFICATION

To place an order, the Client must have an account. A new Client must log in to “Your account” on top, right from the welcome banner, and click on “Create an account”. He (she) must provide his (her) email address and fill all required fields of the registration form. If the Client is already registered, all he (she) has to do is to identify himself (herself) by clicking on “Log in” using his (her) email address and password.

4.2   PERSONAL INFORMATION

The collection of nominative information from the Client is required as part of remote sales. This information is required to better manage the Client’s account, to process orders and fight against bank cards fraud. This information is strictly confidential and failure to provide it will result in automatic rejection of the Client’s order. This information helps identify you and enables us to contact you. It is usually required when you create a username for the first time while registering on our website and when you download a free software, take part in a contest, subscribe to an electronic newsletter and sign up to a limited access privileged website.

The Company reserves the possibility to use for commercial purposes data provided by the Client if the Client gives consent upon registration by providing his (her) email address in the box “Subscribe to our electronic newsletter to receive exclusive offers”. Otherwise the Client may opt out. For more information, please read our “Legal notes”.

4.3   RIGHT OF ACCESS

The Client is always entitled to a tight of access and rectification, to update, consult, change or delete his (her) personal data. The Client may exercise this right using his (her) personal space “My account” then clicking on “My personal information”, or by email, telephone or fax using the contact information available Here.

4.4   RIGHT OF OPPOSITION AND WITHDRAWAL

The Client is always entitled to a right of opposition and withdrawal with regards to his (her) personal information.

The right of opposition refers to the possibility offered to our Clients to refuse the use of their personal information for certain purposes stated during information collection.

The right of withdrawal refers to the possibility offered to our Clients to request the deletion of their personal information from our mailing list such as the newsletter

To exercise these rights please contact us by telephone, fax or email by clicking Here. 

5.      PRICE 

5.1   SALE PRICE

The sale price may be subjected to variation over the year, depending on various factors (such as season, raw material harvest, etc.). The sale price is displayed on the website for guidance and is updated daily. It is expressed in Canadian dollars. Transportation and delivery costs as well as applicable taxes are excluded. Products ordered are billed at displayed prices which are in force at the time of the order validation.

5.2   PRICE MODIFICATION

The Company reserves the right to modify and adjust prices and commits to use those prices that were indicated to the Client at the time of his (her) order validation, provided that products are available of this date. The Client will be informed about any product sale price change before placing an order.

5.3   CLIENT OUTSIDE CANADA

A Client from a country other than Canada does not pay local Canadian taxes. However, he (she) may be required to pay applicable import duties and taxes of the country where the product will be delivered and/or complete customs formalities. Import procedure and payment of these taxes, if applicable, are the Client’s sole responsibility. It is also the Client’s responsibility to verify if the product that he (she) wants to purchase complies with laws in force in the country of destination.

6       CURRENCY

Product prices displayed on the website are in Canadian dollars.

7       PRODUCT

The Company expressly reserves the right to delete any time in whole or in part products for sale on this website, to add new products, to discontinue sale of these products on its website without prior notice to the Client.

7.1     PRODUCT INFORMATION

The Company does its best to update information presented on this website and provide pictures for each product for sale with maximum information to facilitate purchase by the Client. Product descriptions, pictures, graphics, films and videos illustrating products are not subjected to this Contract and shall by no means bind the Company.

7.2     ACURRACY OF INFORMATION AVAILABLE ON THE WEBSITE

The Company does its best to update information posted on this website and assumes no responsibility for errors that may occur, for the validity of content, data sheets and product descriptions. The Company shall in no case be held responsible.

7.3     PRODUCT AVAILABILITY

The Company may accept orders from Clients provided that they are visible of the website and in the limit of available stocks. However, the Company does not guarantee product availability. Upon receipt of the Client’s order, the Company will check the availability of products ordered by the Client.

7.4     PRODUCT UNAVAILABILITY

In the event of product unavailability after validation of the order by the Client, the Company will inform him (her) as soon as possible by email, mail or telephone. The Client has a withdrawal period of ten (10) business days after the date of order validation.

7.4.1    MISSING PRODUCTS

When the product cannot be delivered, the Company will refund the total value of the missing product plus corresponding delivery costs and taxes, if applicable.

7.4.2    TEMPORARY PRODUCT UNAVAILABILITY

In the event of temporary product unavailability after order validation, the Company will ask the Client to make a choice among the following options:

- Replacement of the missing product by an equivalent.

- Waiting for the product to be available.

- Open credit for the next order.

- Order cancelation and refund.

7.4.3    PRODUCT PERMANENT UNAVAILABILITY

In the event of product permanent unavailability after order validation, the Company will ask the Client to make a choice among the following options:

- Replacement of the missing product by an equivalent.

- Open credit for the next order.

- Order cancelation and refund.

7.5     PRODUCT ERROR

Non-substantial errors may occur on the website, which the Client acknowledges and accepts. In the event of non-conformity of product delivered to the Client with its description on the website, the Company commits to correct this error as soon as possible. The Client may choose to exercise his (her) right of withdrawal or apply the Company’s guarantee.

8       OFFERS & PROMOTIONS

Promotions are offered on the website for some products for a fix and limited period of time, conditional upon their availability. A promotional offer may be modified or cancelled any time without notice.

9       ORDER

It is the Client responsibility to adequately identify his (her) needs while making product selection.

9.1   CLIENT IDENTIFICATION

To make an order, the Client must have an account. A new Client must create an account by filling the account opening form and provide the information required. The registered Client may then access his (her) account with his (her) email address and password using the “My account” tab on the welcome page.

9.2   ORDER PROCEDURES

Order taking on this website is subjected to the respect of order procedures set up by the Company. The Client may choose the products he (she) wants to purchase by clicking on the box “Add to cart”. The Client may view and modify his (her) order summary any time and before validating the order by clicking on “Cart”, continue product selection by clicking on “Continue shopping” or end his (her) order by clicking on “Order”. Orders may be made directly from our website, by email or fax.

9.3   ORDERING PRODUCTS

It is the Client responsibility to adequately identify his (her) needs while making product selection. The Client must also take note of product characteristics and their compatibility with the products he (she) is currently using. The Client may order by adding products to his (her) cart.

9.4   ORDER MODIFICATION

The Client may, any time and before validation, view and modify the summary of his (her) cart by clicking on “Cart”, delete one or several items or modify the quantity ordered.

9.5   ORDER ACCEPTANCE AND VALIDATION

Any order of products, goods and services presumes that the Client has read and accepted, without restrictions or reserves, these GTCS by selecting the box “I have read and accept the General Terms and Conditions of Sale”.

By clicking on the button “Confirm my order” you irrevocably validate your order and accept all the GTCS without reserves and your acceptance of the GTCS is not conditioned to your signature.

9.6   ORDER CONFIRMATION

Once the Client has validated his (her) order, the Company acknowledges receipt by email. The Client shall accept the use of email for confirmation of his (her) order content by the Company.

A hard and /or electronic copy of the Client’s order is saved on the website. To access this copy, please go to “My account” then click on “My order history”.

9.7   ORDER MODIFICATION OR CANCELATION

If you wish to modify or cancel your order, you must do it before the products are shipped out by sending us a detailed request with the order reference number by email, fax or telephone.

9.8   PROOF OF TRANSACTIONS

The Company emails the Client an acknowledgement of receipt which includes all information transmitted by the Client and confirms his (her) purchase. This acknowledgement of receipt is a proof of the order acceptance by the Company and validates the transaction. This electronic message constitutes a sale contract between the Company and the Client.

Data registered by electronic payment systems constitute a proof and give right to an electronic signature between the two parties. This electronic signature is equivalent to handwritten signature.

10    PAYMENT

The Client shall check all information relating to his (her) order before making any payment. The Client shall guarantee the Company that he (she) has the necessary funds on his (her) bank account and possible required authorizations to use the payment method he (she) has selected when validating the order.

The Client’s order shall not be effective until the related bank’s payment center has approved the transaction and until the total amount of the order has been credited to our bank account.

Client outside Canada: A Client outside Canada may be required to pay banking fees, if applicable, such as: currency conversion fee, money transfer fee, Swift fee and other fees. The Client shall be responsible for these fees.

11    PAYMENT METHOD

Different payment methods are offered to the Client on the website, such as: credit card via PayPal, check and bank transfer (See Payment methods).

12    PAYMENT DEFAULT

The Company reserves the right to cancel an order or refuse to deliver an order until the order is fully paid for by the Client or in case of dispute with the said Client.

13    CONFIRMATION & PROOF OF TRANSACTIONS

Once the order has been validated, the Client will receive an acknowledgement of receipt by email confirming his (her) purchase. This acknowledgement receipt is equivalent to order acceptance and shall validate the transaction. This email constitutes a purchase contract between the Company and the Client.

Data registered by electronic payment systems constitute a proof and give right to an electronic signature between the two parties. This electronic signature is equivalent to handwritten signature.

14    BILLING

A detailed invoice is automatically created for each accepted and paid order. This invoice will be emailed to the Client. Any error or claim pertaining to the invoice shall be reported by email, telephone or fax by the Client to the Company within 48 hours after invoice receipt. Otherwise the invoice is deemed accepted without any reserves.

15    TAXES

Sales taxes are calculated based on the province where the order will be shipped.

16    DELIVERY

The Company reserves the right to cancel any order and/or delivery in case of unauthorized or fraudulent use of this website.

Upon delivery, the Client shall examine the condition of the packaging and conformity of product(s) ordered. In case of damage, missing items or visible defects, the Client shall not receive the package from the deliverer and shall inform us within 48 hours. Some conditions apply (see Delivery Terms and Conditions).

Delivery outside Canada: Deliveries of parcels outside Canada may be delayed until customs formalities are completed and customs duties paid by the Client.

17    RETURN AND REFUND

Our success depends on our Clients’ satisfaction. Any return must first be reported to us by email or by fax in order to obtain a return authorization number. Some conditions apply (see Return Terms and Conditions and Procedures).

18    PROPERTY RESERVATION

Goods delivered shall remain property of the Company until the Client meets his (her) obligations towards the Company and until full payment for goods delivered, where appropriate, plus charges (administrative, interest, and others) and taxes, if applicable.

19    NON-RENUNCIATION

Any non-invocation by one of the parties of the failure of the other party to comply with any of its obligations under these GTCS shall not be interpreted in the future as a renunciation to invoke later the said failure of performance whether total or partial.

20    LIMITATION OF REPONSIBILITY

All information and documents available on this website are provided “as is” without any guarantee, explicit or implicit. The Company refuses to grant any guarantee, explicit or implicit, including commercial and suitability guarantees for a particular item, guarantees for non-violation of intellectual property, or resulting from usage.

In no case the Company shall be responsible for direct and/or indirect, special, accidental or collateral damage (including damage for loss of business opportunity, profits, lawsuit or others). This includes: any damage based on contract violation, guarantee violation whether caused by negligence or not or responsibility of products; whether we are informed or not of the possibility of such damage, any inaccuracy or omission relating to information available on this website, failure to meet this Contract in case of inventory shortage or product unavailability due to a case of force majeure, disturbances or strikes, in particular of postal services and other means of transportation and/or means of communications, any loss of data or files resulting from a third party fraudulent intrusion causing a modification of information provided to the Client of this website.

In case the Company’s responsibility is maintained, the total amount of compensation shall not exceed the value equivalent to the price of product purchased and which the damage results from.

21    RIGHT TO REFUSE AND END OF USE

The Company reserves the right, at its sole discretion, to end or suspend your access to the whole or part of this website, including the bulletin board, for whatsoever reason, including among others violation of this Contract, and the right to refuse to provide any service at any time.

In case of termination of this Contract, restrictions relating to documents available on this website as well as commitments and guarantees, compensation and limitation of responsibility provided for in the Contract shall remain in force after such Contract termination.

Moreover, the Company reserves the right to refuse or cancel any order of a Client who is in dispute with the Company or who has unpaid bills. Sale of any goods or services is subjected to their availability.

22    APPLICABLE LAW AND TERRITORIAL COMPETENCES

Any dispute related to the validation, expiration, invalidity, interpretation, execution, breach, extension, interruption, termination, resolution of this Contract shall, in the absence of an amicable settlement, be subject to the application of laws in force in the province of Quebec, Canada, and any legal action or dispute that the Client will undertake shall exclusively be submitted to the competent courts of the City of Longueuil, in the province of Quebec, Canada.

23    GENERAL PROVISIONS

In case one or several provisions of the Contract are deemed non-valid, illegal or non-applicable for any reason, the said provision(s) shall be cut off from this Contract and the other provisions shall remain valid. This Contract includes all the provisions contracted between you and “BIOVERTU PRODUCTS” with regards to your use of this website. This Contract shall not be modified without written mutual agreement.

 

NEED HELP?

For any questions and/or inquiries for additional information, please contact the Customer Service, Monday to Friday, from 9 a.m. to 5 p.m. at +1 (450) 445-0957 or by email anytime by clicking Here.

                                                  

Last update: September 10th, 2015 at 12:55