Last update: October 15, 2012
IT IS IMPORTANT TO READ ALL CONDITIONS.
2. PRIVACY AND SECURITY
All that is displayed or otherwise accessible through the Website, including without limitation, the articles, texts, photographs, images, illustrations, logos, trademarks, software and codes (collectively, the ” Content “) are protected by Canadian and foreign laws, especially with regard to copyright, and belong to Esthétique Sans Frontières Inc., its licensors or the party accredited as the provider of the Content. The Website is also protected under the laws of copyright as a collective work and/or compilation pursuant to Canadian and foreign laws. You must comply with all other notices of copyright, information and restrictions on or in the Content which can be accessed through the Website. USE, REPRODUCTION, MODIFICATION, PUBLIC PERFORMANCE OR DISPLAY TO PUBLIC, DOWNLOADING OR POSTING ON THE INTERNET, TRANSMISSION, REDISTRIBUTION OR OTHER EXPLOITATION OF THE WEBSITE OR ANY CONTENT, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, ARE PROHIBITED EXCEPT TO THE EXTENT WHERE YOU PREVIOUSLY OBTAINED THE WRITTEN AND EXPRESS PERMISSION OF ESTHÉTIQUE SANS FRONTIÈRES INC. For greater certainty, your use of the Website for shopping and purchasing of products, is not covered by these bans.
‘Magic Bag’, ‘Sac Magique’ and ‘Warmy’ are trademarks or registered trademarks of Esthétique Sans Frontières Inc. Other names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Website may constitute trademarks, registered or not, of Esthétique Sans Frontières Inc. or of third parties. While Esthétique Sans Frontières Inc. can use under license certain trademarks of third parties, the display of third parties on the Website does not assume any relationship or license between Esthétique Sans Frontières Inc. and the owner of the trademark in question, or the approval of Esthétique Sans Frontières Inc. of the goods, services or business of the owner of the trademark in question. Nothing contained on the Website shall be construed to grant you any license or a right of use of any logo, design or trademark of Esthétique Sans Frontières Inc. or of a third party, without the written permission of Esthétique Sans Frontières Inc. or from the owner of a third party’s trademark.
5. DISCLAIMER OF WARRANTIES
The Website and the aggregate Content are provided “as are “. When you access and use the Website, you acknowledge and agree that you do so entirely at your own risk. Esthétique Sans Frontières Inc. makes no representation or warranty regarding the Website and the Content, including, namely:
i) as to the accuracy, completeness, reliability, or about the appropriateness and opportunity of the Website and/or the Content;
ii) as to the merchantability or fitness for a particular purpose of the Content, including without limitation, of any information, data, software, products or services contained in the Website or available through the Website;
iii) as to the operation of the Website without interruption or error;
iv) as to the correction of defects or errors in the Website;
v) as to the absence of viruses or harmful components on the Website; and
vi) as to the safe transmission or without interception of communications through the Website.
Without limiting the generality of the foregoing, Esthétique Sans Frontières Inc. makes no warranty as to the description and illustrations of the products offered or advertised on the Website – such descriptions and illustrations are for information purposes only. INFORMATION RELATING TO THE PRODUCTS AS WELL AS THAT RELATING TO THE PRICES AND AVAILABILITY OF THE PRODUCTS THAT APPEAR ON THE WEBSITE, MAY CHANGE FROM TIME TO TIME, WITHOUT PRIOR NOTICE. YOU ACKNOWLEDGE THAT ESTHÉTIQUE SANS FRONTIÈRES INC. IS NOT BOUND BY SUCH INFORMATION AND THAT SUCH CHANGES TO THE INFORMATION CANNOT ENGAGE THE LIABILITY OF ESTHÉTIQUE SANS FRONTIÈRES INC., ESPECIALLY BECAUSE SOME MODELS OF PRODUCTS MAY NOT BE AVAILABLE FROM TIME TO TIME.
6. LIMITATION OF LIABILITY
7. ONLINE REGISTRATION
To use certain features of the Website, you may be asked to register. You agree
i) to provide true, accurate, current and complete information about yourself, that you shall be prompted to give on a registration form, and
To use certain features of the Website, you may also need a username and a password that shall be created at the end of the registration process to the Website. You shall be responsible for maintaining the confidentiality of your password and your account, and responsible for all activities that shall occur using your password or account. You agree to notify Esthétique Sans Frontières Inc. immediately of any unauthorized use of your password or account or any other breach of security and ensure that you shall exit from your account at the end of each session. Esthétique Sans Frontières Inc. shall not be liable for any loss or damage arising from Esthétique Sans Frontières Inc.’s failure or for your omission to protect your password or account information.
10. CONDITIONS OF SALE
11. JURISDICTION AND APPLICABLE LAW
13. NO IMPLIED WAIVER
14. NOTICES, COMPLAINTS AND COMMUNICATIONS
Esthétique Sans Frontières Inc.
9081 Du Parcours
Montreal (Anjou) Quebec, Canada
Tel.: 514-381-5551 – Fax: 514-353-1503 –
Esthétique Sans Frontières Inc. maintains the Website as a service to the Internet community. Unless otherwise stated, the copyright of any Content (including design, text, images, graphics processing and layout) of this Website is the property of Esthétique Sans Frontières Inc. You are permitted to use the Content for your purposes only and provided that:
- The copyright notice and this limited license appear on all copies containing this material,
2. No changes shall be made to the Content.
Use for any other purpose and changes to the Content shall be expressly prohibited.
NOTICE OF COPYRIGHT: Esthétique Sans Frontières Inc. All rights reserved.
Last update: October 15, 2012
1.1. The sale of a product that you shall want to order through the Website shall not become effective up and until you complete the ordering process (as explained herein below) and that you shall have made payment of the sale price.
2. SALE PRICE
2.1. The sale price of a product shall be that indicated next to the product on the Website at the time that your order shall be placed with Esthétique Sans Frontières Inc.
2.2. Esthétique Sans Frontières Inc. may change, at any time and without prior notice, the prices of its products on its Website. The prices for the products offered on such Website may vary from those offered by independent retailers advertising on the Website.
3. APPLICABLE TAXES
3.1. The federal and provincial sales taxes are in addition to the sale price.
4.1. The payment of a product is made by credit card (Visa or MasterCard or American Express) or by the PayPal payment service.
4.2. To proceed to the payment of a product and sales taxes applicable thereon, you must register in the ‘secured payment area’ of the Website, your credit card number, the expiry date and your full name as holder of the credit card or your PayPal payment information. Your credit card shall not be charged until your order has been shipped.
5.1. Esthétique Sans Frontières Inc. shall deliver the ordered products to the address that you shall provide when ordering. Any indication of the delivery time shall be approximate and not guaranteed by Esthétique Sans Frontières Inc. Any lack in delivery shall in no way link the liability of Esthétique Sans Frontières Inc. for any direct or indirect loss, prejudice or damage that you may incur.
5.2. No deliveries shall be made to a mail box or post office box. Delivery shall be limited to the territory of Canada. For all other orders outside of this Country, deliveries shall be handled on a case by case basis, directly with the customer involved.
6. TAKING OF POSSESSION AND ASSUMPTION OF RISK
6.1. The products that you shall purchase on the Website shall be delivered to you by a third party entirely independent of Esthétique Sans Frontières Inc.
6.2. You shall become sole owner of the products that you shall have ordered, the moment that the products shall have been entrusted to a third party and you therefore shall assume all risk of delivery (loss or damage during delivery).
6.3. In the event that your package shall be lost or damaged during delivery and that your products shall be damaged too, your only recourse shall be against the third party involved.
7. CUSTOMER’S DECLARATION
7.1. When completing an order, you represent and declare to Esthétique Sans Frontières Inc. that you are of legal age to contract.
7.2. When completing an order, you represent and declare to Esthétique Sans Frontières Inc. that the purchase of products that you make through the Website is only for your personal consumption and not with the goal of resale, distribution or marketing of such products to third parties. In addition, you declare that the personal information provided to Esthétique Sans Frontières Inc. for billing purposes, in order to complete the purchase, is correct. You represent and warrant that you are the holder in due form of the credit card with which you intend to pay the purchase price and the sales taxes applicable to the products purchased.
8. DESCRIPTION AND AVAILABILITY OF THE PRODUCTS
8.1. The descriptions and illustrations of the products offered or advertised on the Website are for information purposes only. These may slightly vary from the products actually offered, and you agree that such variations may occur, and you acknowledge that Esthétique Sans Frontières Inc. could not be held responsible for any damage or loss related to such variations. Esthétique Sans Frontières Inc. makes no warranty as to such descriptions and illustrations. However, said changes do not apply to the description of the product that you select when you place your order and in case of an error between what you ordered and what you received as to these features, you can contact Esthétique Sans Frontières Inc. for a settlement agreement.
8.2. The information regarding the products and the one relating to the prices. and the availability of the products appearing on the Website, may change from tome to time, without prior notice and without engaging Esthétique Sans Frontières Inc.’s liability. For example, some products may not be available from time to time between the time that your order is being placed and the time when the ordered product should be delivered. Thus, Esthétique Sans Frontières Inc. shall in no way incur any liability in this regard.
9. HOW TO ORDER A PRODUCT
9.1. To finalize an order, you shall first accept the Other Conditions and press the icon ” Proceed my order “. Clicking with your cursor over this icon shall complete the ordering process and indicate that you agree to buy the products listed in this order and be bound by the terms and conditions of the Contract and those of the Other Conditions.
10.1. For any questions relating to the manufacturer’s warranty and the requirements for the return of a defective product which would not qualify under Esthétique Sans Frontières Inc.’s Return Policy, please contact Esthétique Sans Frontières Inc.’s Customer Service at firstname.lastname@example.org .
11. CANCELLATION OF AN ORDER BEFORE DELIVERY
11.1. Only if your ordered products have not been turned over to the third party for delivery, you may cancel your order, FREE OF CHARGE, by notifying Esthétique Sans Frontières Inc.’s Customer Service by phone at 514-381-5551.
12. RETURN OF A PRODUCT
12.1 Your total satisfaction is our prime goal. Should your purchase not please you, for whatever reason, you can return the product following Esthétique Sans Frontières Inc.’s Return Policy.
12.2 You have a period of thirty (30) days from the date of purchase indicated on the invoice to return any product purchased through our Website, in its original packaging, along with the original purchase invoice therefor. Shipping costs for the return of the goods shall not be refunded.
12.3 Any returned product must be delivered in its original packaging as aforesaid. When returning purchased products, a credit in the amount of the purchase shall be directed to the credit card used in the transaction as soon as we shall have received the product in question and been able to visualize its condition.
12.4 In the event that the product bought through our Website be defective and that you notice such defect after having used the product in question, or after a period of thirty (30) days, please contact our Customer Service.
12.5 Unless specifically provided for in other policies of Esthétique Sans Frontières Inc., the other terms specified in the Conditions of Sale shall continue to apply.
12.6 The products marked ON SALE shall be considered a FINAL SALE and can therefore not be returned.
12.7 For more information about this Policy, you are requested to communicate directly with Esthétique Sans Frontières Inc. at 1-514-381-5551 (toll free 1-888-449-4966) or by email at email@example.com.
13. ACCURACY OF ORDERS AND BILLING
13.1. You shall be responsible to ensure the accuracy of the product description, the price and all billing details and, if necessary, to correct any errors or inaccuracies. If the error or inaccuracy cannot be rectified, you must promptly notify Esthétique Sans Frontières Inc. in writing.
14. ACCEPTANCE OF CONTRACT TERMS AND OTHER PROVISIONS
14.1. By completing the order process, you are deemed to have accepted all of the contract terms and the Other Provisions.
15. LIMITATION OF LIABILITY
15.1. Esthétique Sans Frontières Inc. and its officers, directors, employees, agents, and their respective successors and assigns, shall in no event be held liable for any direct, special, indirect or consequential damages of any kind, including in particular any loss or damage relating to the nature or loss of business, loss of savings, loss of data and/or lost profits arising out of the products sold under the Contract, or operations performed by the Customer on the Website, even if Esthétique Sans Frontières Inc. knew or should have known of the possibility of such damages.
15.2. In each case where Esthétique Sans Frontières Inc. or its officers, directors, employees, agents or their respective successors or assigns should be held accountable for any reason whatsoever, the amount that can be claimed shall not exceed the amount paid by the Customer to Esthétique Sans Frontières Inc. for the product that is the basis for the complaint.
16.1. Esthétique Sans Frontières Inc. operates its business from its offices in the Province of Quebec. Esthétique Sans Frontières Inc. offers its products to residents of Canada especially, but may sell on a case by case basis outside of that territory.
16.2. International taxes and customs duties: We are not able to provide an estimated cost as customs duties and taxes vary by country and by content of the order. Contact the customs office of the destination country for information on effective customs duties and taxes. As required by law, we are required to disclose the total value of the package contents and we cannot change this value. If an order is placed on the Website, and then refused, you shall be responsible for the initial shipping charges, as well as of all duties, taxes and/or customs charges that were incurred by the shipment of the package. For any questions about shipping, please contact our Company at 514-381-5551.
17.1. Any notice, consent or other communication under this Contract must be made in writing and delivered personally or by bailiff or process-servor or sent by fax or email, addressed as follows:
ESTHÉTIQUE SANS FRONTIÈRES INC.
9081, Du Parcours
Montreal (Anjou) Quebec, Canada H1J 2Y1
17.2. A notice, consent or other communication so forwarded, shall be deemed to have been given and received on the day that it is delivered or transmitted (or, if such day is not a business day, on the next business day) unless it is remitted or transmitted after 4:00 p.m. (Quebec time), in which case it shall be deemed given and received on the next business day. For interpretation purposes of this Contract, the term “business day” shall mean any day of the year except Saturdays, Sundays and other days when financial institutions are generally closed in the Province of Quebec.
17.3. Esthétique Sans Frontières Inc. may, from time to time, change its address by updating it on its Website.
18. GENERAL PROVISIONS
18.1. The preamble herein shall be an integral part of the Contract.
18.2. For the interpretation of this Contract and to the extent that the context so requires, the masculine shall include the feminine and vice versa and the singular includes the plural and vice versa.
18.3. Unless otherwise expressly stated, currency amounts are in Canadian dollars.
18.4. The fact that Esthétique Sans Frontières Inc. does not insist on the full implementation of a covenant contained in this Contract or does not always exercise a right which it is conferred, same shall not be considered a waiver of execution of such commitment or such right. Any waiver by Esthétique Sans Frontières Inc. to any of its rights under this Contract shall be valid only in writing and if duly signed, and such waiver shall only apply in respect of the law and the circumstances expressly covered by the said waiver.
18.5. Each provision of this Contract shall form a separate whole so that any decision to the effect that one of its provisions shall be invalid or unenforceable shall not affect the validity of the remaining provisions or their enforceability.
18.6. This Contract shall constitute the full commitment of the Parties hereto and nothing can be changed or modified without their written consent.
18.7. The Contract shall bind the Parties hereto and their respective heirs, successors, legal representatives and assigns and be for their benefit.
18.8. The foregoing Contract shall be governed and interpreted in accordance with the laws in force in the Province of Quebec.
18.9. The Parties shall irrevocably submit all disputes arising out of this Contract to the Courts of federal and provincial jurisdiction located in the Judicial District of Montreal.
YOUR PRIVACY : OVERVIEW
COLLECTION OF YOUR INFORMATION
Esthétique Sans Frontières may collect personal information in connection with your use or purchase of Esthétique Sans Frontières’s products and services via the Sites, which may include information provided in connection with the following activities:
• Registering or filling in forms on the Sites. This includes information you may provide when you request additional information about Esthétique Sans Frontières’s products and services
• Completing a profile or uploading goals to the Sites.
• Purchasing any product or service from Esthétique Sans Frontières via the Sites.
• Providing design or product feedback or making other submissions to Esthétique Sans Frontières.
• Requesting information or assistance from Esthétique Sans Frontières. Esthétique Sans Frontières may also keep a copy of any communications or correspondence you may send to it, including any e-mail communications.
• Participating or responding to consumer survey or requests for consumer’s opinions, concerns, and preferences regarding Esthétique Sans Frontières’s products and services.
• Using other features of the Sites that may be offered from time to time, and may require such information in order to utilize the feature.
The personal information that Esthétique Sans Frontières may collect may include your name, username, password, email address, age, date of birth, gender, address, telephone number, credit card and debit card numbers (with expiration dates), personal preferences, and any other personal information that you choose to include in your profile, your submissions of your goals to Esthétique Sans Frontières, or in other communications to Esthétique Sans Frontières. You represent and warrant that you have the right and authority or have obtained all necessary consents to provide any information, including any personal information of another individual, that is provided by you to Esthétique Sans Frontières.
Like many websites, Esthétique Sans Frontières utilizes “cookies” to maintain a record of your visit to the Sites. A cookie is a small text file that is transferred by a web server and stored on the hard drive of your computer. It can only be read by the server that sent it to you. This information does not identify you personally and you remain anonymous unless you have otherwise provided Esthétique Sans Frontières with personal information.
Cookies help Esthétique Sans Frontières to improve the Sites and to deliver more personalized service by enabling Esthétique Sans Frontières to estimate audience size and usage patterns; to store information about your preferences; to speed up your searches and to recognize you when you return to the Sites.
Most web browsers automatically accept cookies. If you would prefer to prevent your computer from accepting Esthétique Sans Frontières’s cookies, you may follow your Internet browser’s steps for doing so. Please note, however, that if you do disable cookies from your browser, you may not be able to access certain sections of the Sites.
PROTECTION OF YOUR INFORMATION
To prevent unauthorized access or disclosure, maintain data accuracy and facilitate the appropriate use of information, Esthétique Sans Frontières uses physical, technological and administrative procedures to protect the personal information that Esthétique Sans Frontières collects from loss, unauthorized access, modification, disclosure or other misuse.
Nevertheless, Internet transmissions are never completely private or secure. You understand that any messages or information you send to the Sites may be read or intercepted by others. If you have any questions about the security of personal information collected by Esthétique Sans Frontières, please contact: firstname.lastname@example.org.
USE OF YOUR PERSONAL INFORMATION
Upon Esthétique Sans Frontières’s collection of your personal information, Esthétique Sans Frontières may use such personal information internally, separately or in combination with pre-existing information, for the following purposes:
• To develop, enhance, market, sell or otherwise provide information, products or services;
• To establish and conduct commercial relationships, including to process purchases or other transactions and to conduct or administer other transactions that you may engage in with Esthétique Sans Frontières including through the Sites;
• To contact you and to respond to any communications that you may have had with us;
• To troubleshoot problems with the Sites;
• To customize your experience or homepage on the Sites;
• To develop and manage Esthétique Sans Frontières’s business and operations;
• To detect and protect Esthétique Sans Frontières and other third parties against error, negligence, breach of contract, fraud, theft and other illegal activity, and to audit compliance with Esthétique Sans Frontières’s policies and contractual obligations;
• To engage in business transactions, including the purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitization or financing involving Esthétique Sans Frontières;
• As permitted by, and to comply with, any legal or regulatory requirements or provisions; or
• For any other purpose to which you consent.
Personal information collected by Esthétique Sans Frontières may be stored and processed in Canada or in the United States. While in another jurisdiction for processing, the information may be accessed by the courts, law enforcement, and national security authorities of that jurisdiction.
DISCLOSURE OF YOUR INFORMATION
Esthétique Sans Frontières may disclose your personal information to its subsidiaries or affiliates and to third parties whom Esthétique Sans Frontières hires to provide services on Esthétique Sans Frontières’s behalf, including, but not limited to, support services, website services, delivering promotional materials, contests, sweepstakes and other promotions, and answering customer questions about Esthétique Sans Frontières’s products and services. These subsidiaries, affiliates and third parties may be located overseas. Esthétique Sans Frontières will only provide those third parties with the personal information that they need to deliver the services to Esthétique Sans Frontières and/or on Esthétique Sans Frontières’s behalf. In the event that Esthétique Sans Frontières is involved in a business transaction, including the purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitization or financing involving Esthétique Sans Frontières, you consent to your personal information and any other information Esthétique Sans Frontières may have collected being transferred to another party in connection with such transaction. You also consent to Esthétique Sans Frontières disclosing your personal information to legal, financial, insurance, or other advisors in connection with such business transaction or management of all or part of Esthétique Sans Frontières’s business or operations; as consented to by you from time to time, including to fulfill any other purposes that are identified when the personal information is collected; or as otherwise permitted or required by law.
RETENTION OF YOUR PERSONAL INFORMATION
The personal information that you provide will be retained by Esthétique Sans Frontières in accordance with applicable laws. However, Esthétique Sans Frontières will take reasonable steps to destroy or permanently de-identify personal information it holds if it is no longer needed for Esthétique Sans Frontières business purposes.
CHOICE AND OPT-OUT PREFERENCES
Esthétique Sans Frontières does not collect your personal information unless you choose to provide it. If, at any time, you prefer not to receive further email communications from Esthétique Sans Frontières (except in connection with information, products or services that you specifically request), you will have the ability to unsubscribe from such communications by means of a link provided in every broadcast e-mail that is sent to you by Esthétique Sans Frontières. If, at any time, you prefer not to receive any other form of communication from Esthétique Sans Frontières, you will have the ability to unsubscribe from such communications by contacting: email@example.com.
ACCESS AND CORRECTION
Esthétique Sans Frontières will take reasonable steps to ensure the personal information it holds is accurate, complete and up to date.
Upon your written request, subject to certain exceptions, Esthétique Sans Frontières will inform you of the existence, use and disclosure of your personal information and give you access to that information. Additionally, if you have any questions or enquiries relating to our privacy practices or procedures, or if you believe that the personal information that Esthétique Sans Frontières holds about you is not accurate, complete or up to date you may write to our entreprise at the address provided below. If you are able to establish that the information is not accurate, complete or up to date, Esthétique Sans Frontières will take reasonable steps to correct the information so that it is accurate, complete and up to date.
QUESTIONS AND COMMENTS
Esthétique Sans Frontières inc.
Attention: Privacy Officer
9081 Du Parcours
Montréal, Qc H1J 2Y1 Canada