GENERAL SALES TERMS AND CONDITIONS OF ETIK & CO

 

SALE CONDITIONS

This agreement (hereinafter the “Agreement”) sets out the terms and conditions applicable to the sale of products from the platform Etik & Co (hereinafter the “Web site”). The company Etik & Co (hereinafter “Etik & Co”) reserves the rights to modify the hereby terms and conditions. Any amendment to the hereby terms and conditions will take effect thirty (30) days after the date of the modification of the Agreement.

The terms (you) and (yours) are associated with the person who is purchasing products from the Web site. Etik & Co provides an online platform for customers (hereinafter the “User” or the “Users”) to buy clothes, shoes and fashion accessories resulting from equitable trade (hereinafter the “Service”).

By using the hereby Web site for the purchase of products sold by Etik & Co, Users have to accept the hereby terms and conditions and also have to accept to be bound by it. You declare to be of legal age to enter into a binding agreement and to accept to be bound by the hereby Agreement. The hereby Agreement announces important information regarding your rights and obligations and the restrictions and exclusions you might be subject to.

For more detailed information concerning your rights and obligations, we are suggesting you take note of the laws and regulation applicable to the field/ practice.

 

1. AUTHORIZATION FOR USE OF ELECTRONIC DOCUMENTS

By the hereby Agreement, you consent to exchange documents and information with Etik & Co by email or the internet. You accept that the hereby Agreement (also with every order confirmation from Etik & Co as indicated by article 4) has the same binding effects as a written agreement between you and Etik & Co.

You also accept that any subsequent agreement, information, notice and all other communications that we send you electronically satisfy the legal terms of this kind of communication.

2. OTHER DOCUMENTS, AGREEMENTS AND POLICIES

The use of the Web site and the activity of Etik & Co are regulated by different policies. This includes the terms of use of the Web site as well as the Privacy Policy (hereafter, the “Other Policies”)

You declare to have read and understood the Other Policies and you accept therefore to be bound by the hereby terms and conditions. Notwithstanding the previous dispositions, the hereby Agreement has presence over the terms and conditions in the Other Policies. If the hereby Agreement and the Other Policies are incompatible, the dispositions in the Agreement are binding and have presence over the Other Policies.

3. SERVICE

The characteristics of the Services offered by Etik & Co are described hereafter. The price of the Services as well as all other terms are defined in this Agreement as well as one confirmation page of your order on the Web site.

Etik & Co reserves the right to modify all information at its convenience, in compliance with applicable legal and regulatory.

Services are only available in Canada for now.

Users have access to the Web site and can create an account for free.

For each purchase made by the User, Etik & Co charges the amount of the product(s) chosen and shipping fees which may vary according to the delivery address.

There is no charge for closing the Account, but the amounts due by the User may be charged immediately.

4. ORDER

If a User is interested in buying a product, he has to add it to the basket and access to the check-out page allowing him to confirm his order and then precise all the requested information to proceed to the shipping. The User can, at his sole discretion create an account when ordering the product.

The User will have to proceed to the payment. The final price will include the amount of the product, the shipping costs and all the taxes applicable.

An order confirmation (hereinafter the “Order Confirmation”) will be sent to him by e-mail.  The hereby Order Confirmation presents the User’s name, the product to be ordered, the details of the price. An invoice will also be sent to the Client by email or the Client will be able to download it on the Web site from its account.

If an account turns out to be inactive, it will be deactivated and deleted by Etik & Co, in accordance with the Terms of Use of the Web site.

5. REGISTRATION, USER NAME AND PASSWORDS

If you choose to register in creating an account or subscribe to such functionality, you agree to provide truthful and up-to-date information about yourself as required by the registration or subscription process and to provide this information. Update promptly if necessary to ensure that it remains accurate and complete.

You acknowledge that you are responsible for

i) maintaining the confidentiality of any passwords you choose or are assigned to you as a result of your registration or subscription;

ii) any activity that takes place under your username or password; and

iii) exit from your account at the end of each session. In addition, you agree to notify Etik & Co of any unauthorized use of your username or password. In the event that you fail to comply with the obligations set out in this article, Etik & Co is not responsible for any damages.

6. ACCOUNT SUSPENSION, ACCESS LIMITATION, TERMINATION

In case the Web site Users violate this Agreement or the Terms of Use or if Etik & Co has reasons to believe that it is necessary in order to protect its safety, integrity, the one of its Users or third parties for fraud prevention purposes or investigation, Etik & Co reserves the right to:

i) Restrict access and use of the Web site to the offending User;

ii) Temporarily or permanently suspend the offending User’s account.

7. PRICE

All prices are, in the absence of other indications of the contrary, in Canadian dollars and does not include the GST and QTS taxes.

Etik & Co is solely liable for fixing the price of the products.

Although Etik & Co endeavours to provide with the exact price description, there is a risk of mistakes. Etik & Co reserves the right to correct the prices and all the erroneous information, to modify the prices of Services or any other modification of the hereby by Agreement, at all moments, by respecting the legal provisions and regulations and the terms and conditions of the hereby Agreement.

If a price is incorrect, Etik & Co reserves its rights to cancel your order and all the fees charged on your card and Etik & Co will communicate with you in order to proceed with a new order with the adjusted price, or reimburse you according to the legal provisions and regulations and the terms and conditions of the hereby Agreement.

8. PAYMENT

The terms of payment are determined by Etik & Co, in its sole discretion. The payment will be transmitted through a:

  • Credit card
  • Check
  • With cash upon delivery (approbation of Ethik & Co needed)

The payments have to be accepted and approved by the financial institution providing the credit card or check. You have to be the legally authorized person to use the check or credit card which will be maintained (use) for tracking purposes.

9. AVAILABILITY OF PRODUCTS

The availability of certain products may be limited. Etik & Co may modify or withdraw products at any time without notice. If a Service ordered is not available or no longer available, Etik & Co will notify you by email and your order will be automatically cancelled. The availability of Services does not in any way bind the responsibility of Etik & Co.

10. MINORS

Etik & Co shall not be used by minors. Etik & Co may present advertisements of Services developed for minors but these Services shall be booked and bought by adults. Minor Users can only use the Website under the supervision of a parent or a guardian.

11. TRANSFER OF PROPERTY AND RISK OF LOSS

Accounts cannot be sold, rented or transferred to anyone. Etik & Co retains ownership of the accounts.

12. RETURNS AND EXCHANGE

Each User will be able to obtain a refund or an exchange of a non-defective product if this request is made within seven days of the reception of the product and that the product was not used at any time. In case the User return a non-defective product, Etik & Co will not assume the shipping costs of the return.

If the User receives a defective product, Etik & Co undertakes, at the option of the buyer, to refund or exchange the defective product. It will be the responsibility of the User to make a claim to Etik & Co within a reasonable time in order to obtain an exchange or a refund.

For any questions regarding this present Agreement, please contact Loïc de Fabritus at the following address:

E-mail : [email protected]

Telephone number : (438) 820- 6170

13. GOVERNING LAW AND TERRITORY

The hereby Web site and its server are both situated (located) in the province of Quebec, Canada. The hereby Agreement has to be interpreted according to the laws applicable in Quebec.

The hereby Agreement is considered to be a distance sale contract subject to the law applicable in Quebec, without regard to the conflicts of law principles thereof.

The application of the United Nations Convention on Contracts for International Sale of Goods is expressly excluded as well as all other international sale agreements and conventions.

14. DISPUTE RESOLUTION

(Non-applicable to Users from Quebec.) Except as otherwise provided in these Terms of Use, any dispute or claim relating in any way to your use of the Web site or to any Service performed by Etik & Co will be resolved, at the choice of Etik & Co, by binding arbitration or by a court in the District of Montreal.

(Applicable to Users from Quebec.) Any litigation that may arise between Etik & Co and its Users will be submitted to the appropriate courts in the District of Montreal.

15. TOPICS

Some topics are included in the hereby Agreement in order to facilitate the consultation and have no incidence on the interpretation of the Agreement. The hereby Agreement is interpreted by the dispositions in the Quebec Civil Code.

16. RELEASE

You cannot transfer your rights or/ and obligations in regard to the hereby Agreement without the written authorization (consent) of Etik & Co or the Providers.

17. APPLICATION

The parties are legally bound by the hereby Agreement and acknowledge their reciprocal rights and obligations.

18. INTERPRETATION

The hereby Agreement is interpreted by the rules of the Quebec Civil Code. The clauses are interpreted in the light of other clauses in the hereby Agreement by giving the general meaning used in the hereby Agreement.

19. FRENCH AND ENGLISH LANGUAGE

If a problem of definition or interpretation arises between the English and French versions of this General sales terms and conditions, the French version shall prevail.

20. ENTIRE AGREEMENT

The hereby Agreement, the other Policies, the terms and conditions included by referral or by specific indications, constitute the entire (totality of the) Agreement between you and Etik & Co relative to the sale, the use of the Web site and the transactions on the Web site . The hereby documents replace all previous agreements and conventions (electronic, verbal or written) concerning the hereby object and they can only be modified by following the rules of the Agreement.

21. NO WAIVER

Etik & Co’s failure or neglect to enforce any rights of the hereby Agreement is not deemed to be wavier of its rights. The failure of Etik & Co at any time to require performance of any provision or to resort to any remedy provided under the hereby Agreement shall in no way affect the right of Etik & Co to require performance or to resort to a remedy at any time thereafter, nor shall the waiver by any party of a breach be deemed to be a waiver of any subsequent breach.

I hereby acknowledge that I have read and understood the terms and conditions as provided the entire Agreement and I am bound by this entire Agreement WITHOUT ANY RESERVATION

FOR QUEBEC RESIDENTS: To the dispositions of the present Agreement must be added those included in the Consumer Protection Act.

All of these provisions are exclusive and replace all other provisions, conditions and remedies.

This Convention grants you specific rights; you may also have other rights which can vary according to your province.

 

Last update done on February 27th 2018.