Terms of use

 TERMS OF USE

This Agreement was last revised in September 2018.


1. Acceptance of Terms of Use

This website is owned and operated by Chic Dekor (“Chic Dekor”, "we", "us" or "our") for your personal online shopping, entertainment, information, education and communication. We welcome you to browse our site, located at http://chicdekor.com/store/terms-conditions (the "Site"), but want you to know and understand that your access to, and use of, the Site, including your purchasing of products offered for sale on the Site (“Products”), is subject to the following terms and conditions ("Terms of Use") and all applicable laws. By accessing and browsing the Site, including indicating your express acceptance when prompted (i.e. by checking a box or selection a radio button, as applicable), you confim to have read and are indicating your acceptance of, without limitations or qualification, the "Privacy Policy" http://chicdekor.com/store/terms-conditions these Terms of Use, the “Terms and Conditions of Sale” and any other terms provided for on the Site (collectively, the “Agreement”). This Agreement is a legal agreement between us and the person accessing and/or using the Site (“you”). 

IF YOU ARE USING THE SITE WITHIN A COMPANY, YOU HEREBY REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE COMPANY AND YOU ACKNOWLEDGE THE RIGHTS TO USE THE SITE WHICH ARE GRANTED TO YOU AND THE COMPANY UNDER THIS AGREEMENT ARE EXPRESSLY CONDITIONED UPON ACCEPTANCE BY SUCH AUTHORIZED PERSONNEL OF THE COMPANY.

In consideration of Chic Dekor providing the Site and the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you agree with Chic Dekor as follows:


2. Modification or Addition

We will have the right at any time to modify or add to these Terms of Use effective immediately upon notice thereof, which may be given by any means, including but not limited to posting a revised version of the Terms of Use on the Site. You agree to periodically review the Terms of Use to be aware of such revisions. If any such change is unacceptable to you, you must discontinue your access and use of the Site. 


3. Accounts and Passwords

To access and use certain features of the Site, you will need to create an account. As part of the process to create, register and maintain your account you must provide Chic Dekor with certain current, complete, and accurate registration information, including where applicable your e-mail address, your name, your company’s name (if applicable), your address, your telephone number, credit card information or other payment information, and other data or information that has been requested by Chic Dekor during the account registration or renewal process (“Registration Data”). In this Agreement, “Personal Information” means any information about an individual that allows that individual to be identified, such as your name, e-mail address, mailing addresses, gender, date of birth, any data about you that you elect to provide electronically through the Website. Registration Data and Personal Information will be used by Chic Dekor solely in accordance with this Agreement, including our Privacy Policy http://chicdekor.com/store/terms-conditions

You agree that you will: (a) maintain and update such Registration Data as necessary in order to keep such information current, complete, and accurate; (b) maintain the confidentiality of any passwords or other account identifiers which you choose or that are assigned to you as a result of any registration or account creation with the Website: and (c) be responsible for all activities that occur under such password or account. Further, you agree to immediately notify Chic Dekor of any unauthorized use of your password or account in the event that the confidentiality of your password or your account is compromised. Failure to comply with this paragraph may result in immediate termination of your account. Chic Dekor shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

You represent and warrant to Chic Dekor that you are at least 18 years of age and that you have the full, unrestricted right and authority and have been fully authorized to provide to Chic Dekor any and all Registration Data (including any Personal Information) for the purposes of this Agreement and that Chic Dekor is authorized and permitted to use such data as and to the extent provided in this Agreement. The Site is not intended to be used by, and is not marketed or directed towards, children or any person under the age of 18. To use and access the Site you must be at least eighteen (18) years of age.


4. Acceptable Use 

You agree to use the Site or its contents for lawful purposes and only as expressly permitted in these Terms of Use and for no other purpose. Except where otherwise noted, you may download, print or view Material (as defined below) for your personal, non-commercial use only, provided you do not delete or change any of the information, including copyright or trademark notices that may appear in or on such Material. In addition to the restrictions contained in the section titled “Intellectual Property” below, you may not infringe in any way upon the rights of others or cause to be done anything which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or that which encourages conduct that would constitute a criminal offence, gives rise to civil liability or otherwise violate any law, or which, post advertising, publicising or any solicitation under any form with respect to products or services. Any conduct by you that in our entire discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted.

If you make any information, data or content available to Chic Dekor on or through the Site, including by contacting us, or providing comments or ideas about the Products or the Site (“User Content”), you are deemed to grant Chic Dekor a non-exclusive, transferable, sub-licensable, irrevocable, royalty-free, perpetual, worldwide license to store, use, copy reproduce, modify, adapt, edit, translate, publish, perform and display any such User Content that you make available on, through, or in connection with the Site without any payment or restriction. You are solely responsible and liable for any User Content you make available on or through the Site or that is made available using your Site account. If you make User Content available, you represent that you have the right to do so.

You agree that when using the Site you will not: (a) post or transmit any files which contain viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties; (b) post or transmit data or content which violates or infringes any third party rights, is false, misleading or inaccurate or is injurious to a third party or defames, libels or disparages any third party; (c) except as expressly permitted by this Agreement, provide, disclose, sublicense, distribute, transfer, assign or otherwise permit any third party to access, use, read or otherwise gain access to the Site; (d) use the Site to provide the benefit of the use of your account, if any, to or for any other person; (e) to the maximum extent permitted by applicable law, interfere with or circumvent any copyright or other technical protection mechanism or reverse engineer, decompile, disassemble, fraction or otherwise in any manner deconstruct all or any part of the Site or any software or technology or content forming part thereof; (f) post or transmit data which constitutes unsolicited or unauthorized advertising or promotional material or any junk email or mail, spam, or chain letters; (g) post or transmit data or content which would be considered a criminal offence, give rise to civil liability, or would otherwise violate the law; (h) use the Site to harvest addresses, send spam or otherwise breach this Agreement; (i) use any spider, robot or other automated or electronic agent to monitor or copy web pages or any content from the Site or for any other purpose in connection with your access to and use of the Site; (j) take any action or use any program or device that may result in or is intended to interfere with the operation and functioning of the Website or to shut down, overload or overwhelm the Site; or (k) copy, republish or redistribute any part of the Site, including the use of cookies,  caching, framing or similar means, without the prior written consent of Chic Dekor.


5. Intellectual Property 

The Site contains materials which are protected by copyright and/or trademark laws. No material (including without limitation the text, images, audio and or video from www.chicdekor.com or any web site owned, operated licensed or controlled by us and/or our affiliates) and no software (including without limitation any images or files incorporated in or generated by the software or data accompanying such software) (individually and collectively the "Materials") may be copied, reproduced, republished, uploaded, downloaded, posted, transmitted, sold, licensed, rented, modified, distributed, copied, publicly displayed, publicly performed, published, adapted, edited or have derivative works created from or distributed in any way, in whole or in part, or decompiled, reverse engineered or disassembled or fractioned or otherwise exploited in any way whatsoever except that you may download one copy of only such Material or its copies which is expressly so designated, and in such event only on any single computer for your personal non-commercial personal use only provided you keep intact any and all copyright and other proprietary notices. Modification of the Materials or use of the Materials for any other purpose is a violation of our and/or one or more third party's copyright, trademark and/or other proprietary rights. The use of any such Materials on any other web site or networked computer environment is prohibited without our express written consent.


6. Links to Third Party Sites & Services 

The Site may contain links to and from sites operated by third parties (for example, Instagram™ and Facebook™). Chic Dekor makes no representations or warranties whatsoever with respect to your use of any third party site, including any third party content that you may access through the Site or any web site which you may access from the Site and/or which may be linked to this Site. We provide third party content and links only as a courtesy to our users, and such links / content do not imply our endorsement of any linked site / content. The linked sites / content are not under our influence or control, and we are not responsible for any third party content or the contents of any linked site or subsequent links from that site. Our Privacy Policy is only applicable when you are on this Site. Please review any third-party site's terms of use and privacy policies, and if you do not agree to be bound by the terms and conditions therein, we recommend that you terminate your use of or your visit to such third party web site or content.


7. Limitation of Liability  

YOUR USE AND YOUR CONSULTATION OF THE SITE, THAT INCLUDES ALL MATERIELS THEREIN, IS DONE AT YOUR OWN RISK AND PERIL. IF YOU ARE NOT SATISFIED WITH THE SITE OR THE MATERIALS IT CONTAINS, OR ANY OR THE OTHER OF THE PRESENT TERMS OF USE, YOUR ONLY RECOURSE IS TO CEASE TO ACCESS AND CONSULT THE SITE. WE DO NOT GUARANTEE THAT THE SITE’S FUNCTIONS WILL OPPERATE IN AN UNINTERUPTLY OR THAT THEY ARE NON-EXEMPT OF ERRORS AND /OR THAT ANY SUCH ERRORS WILL BE CORRECTED. WE DO NOT GUARANTEE NOR DO WE MAKE ANY CLAIMS CONCERNING THE USAGE OR THE RESULTS OF THE USE OF THE SITE OR OF THE MATERIALS CONTAINED THEREIN IN TERMS OF THEIR EXACTITUDE, RELIABILITY OR IN ANY OTHER WAY.

UNDER NO CIRCUMSTANCES SHALL ANY OF THE CHIC DEKOR PARTIES BE LIABLE FOR ANY MATERIAL DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM MATERIALS OR FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD OR TO THE PERSONNAL INFORMATION THAT ARE NOT THE RESULT OF AN INTENTIONAL FAULT OR A GROSS FAULT AND ACT OF CHIC DEKOR. 


8. Indemnification 

By the present agreement, you agree to defend, indemnify, and hold Chic Dekor harmless from and against any and all liabilities, claims and expenses, including legal and attorney's fees, that arise from your use or misuse of the Site or the Materials therein, resulting your violation of the present Terms of Use. Chic Dekor  reserves the right to hire the services of the professionals of its choosing, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences. In the case of a claim, you agree to collaborate with Chic Dekor and to communicate all available defenses to any such claim.


9. International Use 

By choosing to access the Site from any location other than Canada, you accept full responsibility for compliance with all local laws that are applicable. Accessing the Materials on the Site from territories where their contents are illegal is prohibited. 


10. Security Precautions 

The Site and the Materials provided therein are protected using recognized security precautions. It is up to you to fully understand the risks and threats of using the public Internet, and to be sufficiently aware of those risks to adequately protect your confidential information. Chic Dekor provides information regarding security and privacy in our Privacy Policy. http://chicdekor.com/store/terms-conditions.


11. Unauthorized Use and Termination 

You agree to use the Site and the Materials only for authorized and legal activities. Chic Dekor reserves its, in its sole discretion, to terminate this Agreement and/or your access to all or part of the Site, with or without notice and for any reason whatsoever related to unauthorized use. 


12. Additional Terms Applicable to our Online Store

a. Currency Policy 

All prices for Products for online shoppers from Canada are in Canadian dollars. 

b. Payment Sources 

When you provide payment information to Chic Dekor, you represent and warrant that you are authorized to disclose such payment information and charge the amounts required for the transaction. You also authorize us to collect and store your payment information, along with other related transaction information, in accordance with the Privacy Policy http://chicdekor.com/store/terms-conditions

When you confirm the payment transaction, you authorize us (and our designated payment processor) to charge the full amount to the payment source you designate for the payment transaction. 

If you pay by credit card we may obtain a pre-approval from the issuer of the card for an amount up to the amount of the purchase. We will bill your card at the time of purchase or shortly thereafter. If you cancel a transaction before completion, that pre-approval may result in your funds not otherwise being immediately available. 

c. Actions We May Take 

We may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness. Moreover, we reserve our right to communicate with your credit card issuer, the proper authorities or other concerned third parties and to bring to their attention the details of any payments associated to you if we deem necessary to avoid a financial loss or a law violation. By agreeing to the present Terms of use, you authorise Chic Dekor to proceed with such verifications.

We may cancel any transaction if we believe the transaction violates this Agreement, or we believe doing so may prevent financial loss. 

We may place a delay on a payment for a period of time, limit payment sources for a transaction, limit your ability to make a payment or deactivate your account if we believe doing so may prevent financial loss. 

d. Disputes and Reversals 

If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you are obligated to notify us immediately, so that we may take action to prevent financial loss. 

To the fullest extent permitted by law, you waive all claims against us related to payments unless you submit the claim to us within 30 days after the charge.

You confirm that before you entered into this Agreement, Chic Dekor disclosed in an prominently and in a comprehensible manner, the following information that was also available for a printout; (a) its name, (b), its address, (c) its telephone and fax numbers as well as its technological address, (d) a detailed description of goods that are the object of this Agreement, including their characteristics and technical specifications, (e) an itemized list of the prices of the goods that are the object of this Agreement, including associated costs charged to you and any additional charges payable under the law, (f) a description of any possible additional charges payable to a third party, such as customs duties and brokerage fees, whose amounts cannot reasonably be determined, (g) the total amount to be paid by you under the contract and, if applicable, the amount of instalments, the rate applicable to the use of an incidental good or service and the terms of payment, (h) that the amounts owing under the contract are payable in Canadian dollars, (i) the date on which, or the time within which, the merchant’s principal obligation must be performed, (j) the mode of delivery, the name of the carrier and the place of delivery, (k) the applicable cancellation, rescission, return, exchange and refund conditions, if any, (l) any other applicable restrictions or conditions. You confirm that the copy of your Agreement was available in written form and that it was possible for you to print it out and that Agreement contains; (a) your name and address, (b) the date the contract is entered into, (c) all of the information described in the previous paragraph. 

You confirm that before the contract was entered into that it was possible for you: (a) to accept, (b) or decline the proposal, (c) or to correct any errors it may have contained.

You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted. 

Your only remedy for a technical failure or interruption of service is to request that your transaction be completed at a later time.


13. General Provisions

a. Entire Agreement

The present Agreement, including the Exchange, Returns and Warranty Policy, and its Privacy Policy represents the total and integral agreement concluded by the Parties. No declarations, representations, promises or any conditions not included in the present Agreement may be admitted to contradict, modify or affect in any way its terms.

b. Governing Law 

The Site is administered by Chic Dekor from a site that is located in the Province of Quebec, Canada. You acknowledge and agree that your use of the Site, the Materials and all of the communications, transmissions and transactions associated with the Site shall be deemed to have occurred in the Province of Quebec, Canada, and you and Chic Dekor agree that this Agreement shall be exclusively governed by, construed and interpreted in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein. The parties irrevocably attorn to the exclusive jurisdiction of the Courts of the Province of Quebec in respect of all matters and disputes arising hereunder. The parties expressly agree that, in the event that there is a dispute under this Agreement and such dispute is to be resolved in a court of law, it will be held before the competent court in the judiciary district of Gatineau.

c. Equitable Remedies 

The Parties admit that the legal recourse, available for a contravention to such and Agreement, may be insufficient and that if there is such a contravention, Chic Dekor may present and application to a competent court to obtain a temporary or permanent injunction towards the contravening party with out having to prove any sustained damages on any part.

d. Assignment 

This Agreement shall be binding upon and shall inure to the benefit of and be enforceable by each of the parties, their respective successors and permitted assigns. Chic Dekor may assign this Agreement, in whole or in part, to any third party at any time with or without notice to you. You may not assign, transfer or sublicense this Agreement.

e. Severability / Electronic Documents

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable in any respect, then the remaining provisions of this Agreement, or the application of such provisions to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each such provision of this Agreement shall be valid and enforceable to the extent granted by law. 

This electronic document, and all other electronic documents referred to or incorporated herein, will be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual and other legal requirements for a writing; and (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents. A printed version of the Agreement sent to you be email and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

f. No Waiver 

The silence, negligence or the lateness of Chic Dekor to exercise a wright or recourse provided by the present Agreement must not, in any circumstances, be interpreted as a renunciation to that wright or recourse: it may invoke it as long as the conventional or legal prescription applicable to such wright or recourse is not expired. 

g. Survival

Sections 1, 4 to 10, 12d, 12f and 14 of these Terms of Use shall survive any termination or expiration of these Terms of Use, including for greater certainty all provisions of any documents incorporated by reference herein that by their nature should survive any termination or expiration hereof.

h. English Language 

The parties hereto confirm that it is their wish that this Agreement as well as all other documents relating hereto, either present or future, be drafted in the English language only. Les parties aux présentes ont demandé expressément que la présente convention ainsi que tous les documents s’y rattachant, soient rédigés en langue anglaise seulement. 


14. Contact / Notices

If you have any questions about this Agreement, or need to provide notice to, or communicate with, Chic Dekor under this Agreement, please contact Chic Dekor by clicking Contact Us http://chicdekor.com/store/contact-us or by delivery in person, by email or by post, to Chic Dekor at 1160, St-Joseph blvd., unit 130, Gatineau, province of Québec, J8Z 1T3 or at chicdekor2018@gmail.com. Company may provide notices or communications to you on the Site and you agree that such notices shall constitute notice to you whether or not you actually access the notice.

  

EXCHANGES, RETURNS AND WARRANTY POLICY


The present Exchanges, Returns And Warranty Policy was last revised in September 2018


Limited Warranty

Chic Dékor offers a limited (12) month warranty on manufacturing defects only. Chic Dékor reserves its right to request information and pictures of the product for which the application of this guarantee is requested. Chic Dékor reserves its right to repair the product or replace it. This guarantee does not apply to the normal wear of the product nor to the breakages of transport for which the reception of the product was accepted by the client.


Exchange and return

An exchange or return of the product is allowed in the FIFTEEN (15) days from its purchase if this product is in perfect state, never used and in its packing of origin (intact). A recovery fee of 30% of the purchase price is then applicable and the customer must assume all applicable shipping charges, including applicable customs or brokerage fees. Chic Dékor reserves its right to refuse an exchange or a return if these conditions are not respected.

Any refused return will be billed to the client. This clients authorizes Chic Dékor to charge any return or exchange that is not compliant, all applicable shipping charges, including applicable customs or brokerage fees, and hereby agrees not to request chargeback through its credit card provider. In such a case, the client acknowledges that Chic Dékor is entitled to claim any damage that may be caused by the chargeback, including all collection charges, court costs and extrajudicial costs.


Delivery

Anything damaged by the transport must be declared at the time of the reception to the carrier and this receipt must be refused. Any property for which the receipt is accepted is deemed delivered in good condition.