This Agreement was last revised in September 2018.
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
3. Accounts and Passwords
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
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.
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
7. Limitation of Liability
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.
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
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 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 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
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.
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.
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 email@example.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
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.
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.