Last update: October 1st, 2019
By accessing the website www.jeanpaulfortin.com (hereinafter the «Website ») of Jean-Paul Fortin (1997) Inc. (« Jean-Paul Fortin»), a company doing business under the marks “Jean-Paul Fortin”, “Les pieds sur terre”, “Le Placard” and “Clarks” you (hereinafter « You » or the « User ») accept all the terms and conditions of use of the Website (hereinafter the « Terms and Conditions ») set forth therein and acknowledge to be bound by them. Furthermore, by browsing the Website or activating any or all of the hyperlinks of the Website, You confirm your acceptance of the present Terms and Conditions and your understanding of its scope of application are presumed.
If You disagree with the Terms and Conditions set forth therein, please immediately discontinue browsing the Website by ending your session.
Jean-Paul Fortin reserves its right to revise and modify the terms of the Terms and Conditions at any time without prior notice. Following the modifications of the Terms and Conditions, the continued use of the Website will constitute your acceptance of these modifications. You are invited to periodically review the Terms and Conditions and any modifications thereto.
Use of the masculine gender throughout this document includes the feminine gender and is to be understood as meaning « person ».
1. Use of the Website and Acceptance of Its Terms and Conditions
The Website is exclusively addressed to potential or actual customers of Jean-Paul Fortin who currently reside in Canada, in the specific geographical areas served by Jean-Paul Fortin. No purchase and no shipping of the products displayed on the Website will be made outside the boundaries of Canada. Some restrictions or conditions may apply to the purchase and delivery of products depending on the provinces or territories, including in Yukon, Northwest Territories and Nunavut where no purchase and no delivery can be made.
2. Restricted Licence of the Website Use
For purposes of browsing on the Website, Jean-Paul Fortin hereby grants to the User a restricted licence allowing the User to access, display, print, download and use the Website in HTML language, in object code, as well as all the texts, audio clips and video clips, provided that such access and use is made for non-commercial and personal purposes only and that the User comply with the following conditions:
a) No content modification of the Website is made;
b) Every copy and reproduction of the content of the Website shall carry the following copyright notice: © 2019, Jean-Paul Fortin (1997) Inc. All rights reserved.
With the exception of the restricted licence mentioned above, no other use of the intellectual property rights of Jean-Paul Fortin is permitted without obtaining the prior written consent of Jean-Paul Fortin. To do so, the User is invited to contact the Webmaster of Jean-Paul Fortin at the address indicated in the following section: Notice and Communication.
Notwithstanding the generality of the foregoing, every User of the Website agrees not to use any techniques or methods permitting or allowing reproduction, download, transmission, distribution, division, sale, publication or modification, or any partial or complete use of the content of Jean-Paul Fortin’s Website in violation of the Copyright Act, any international treaties applying to the copyrights or other applicable legislation, notably, by using deep links or framing techniques.
In order to allow access to the Website or on-line transactions, Jean-Paul Fortin may authorize the User to download software and/or computer applications from the Website or other Internet sources. These software and/or computer applications are protected by copyrights. Their download and use are governed by the specific licence agreements in regard to these software and/or computer applications. Should You download any such software or computer applications, You undertake to comply with the terms and conditions of the specific license agreements relating to the use of the software and/or computer applications.
3. Terms and Conditions of Sale
Jean-Paul Fortin offers the User the possibility to make purchases and transactions through the Website in consideration of the payment of a monetary compensation. We invite You to read the Terms and Conditions of Sale that apply to every purchase through the Website by clicking on following hyperlink: Terms and Conditions of Sale.
4. Account and Password Information
The User who sets up a personal account on the Website is responsible for taking all necessary measures to restrict the access to his account, password and username or personal identifier to anyone. The User undertakes to maintain the confidentiality of his account, password, username and/or personal identifier and shall not authorize someone else to use such data. The User is the sole and only responsible of his personal account. The User remains responsible to promptly inform Jean-Paul Fortin by written notice of any problem, current or potential, affecting his account, password, username or personal identifier. In such a case, the User shall contact Jean-Paul Fortin by e-mail at the following address: [email protected].
5. Accuracy of the Information and Availability of the Products
The Website of Jean-Paul Fortin was conceived to serve informative, advertising and transactional purposes. Jean-Paul Fortin uses its best efforts to assure that the compilation of the information contained on the Website is accurate as much as possible at its initial presentation. Nevertheless, some information may, from time to time, become erroneous, incomplete or inexact. Also, the information contained on the Website may become outdated.
The Website of Jean-Paul Fortin is governed by some technological, technical, graphic and typographic standards which are, in some cases, beyond the control of Jean-Paul Fortin. In no circumstances, Jean-Paul Fortin shall be held responsible for any prejudice or damages, direct or indirect, resulting from the loss of computer, server, other computer equipment, program and/or data, or any other loss or technical problems, suffered by the User while browsing or using the Website.
Should the User finds errors or inexact information contained on the Website or experiences technical difficulties while using the Website, the User accepts to notify Jean-Paul Fortin’s Webmaster without any delay, by e-mail, at the following address: [email protected].
Notwithstanding the foregoing, Jean-Paul Fortin makes no warranty or representation regarding the description and/or picture (illustration) of the products offered or advertised on the Website. Those description and/or picture (illustration) are only provided as indications for the User. Therefore, the User acknowledges and agrees that the description of the products may slightly vary from the original product offered to the User.
THE INFORMATION APPEARING ON THE WEBSITE IN REGARD OF THE PRODUCTS, THEIR PRICE AND THEIR AVAILABILITY MAY CHANGE FROM TIME TO TIME WITHOUT PRIOR NOTIFICATION. ANY MODIFICATION MADE SHALL NOT ENGAGE JEAN-PAUL FORTIN’S LIABILITY. Hence, some models, colors or sizes of products may not be available from time to time, in which case, Jean-Paul Fortin shall not be held responsible.
6. Intellectual Property
With the exception of the works of authorship licensed and/or the hyperlinks appearing on the Website, Jean-Paul Fortin is the sole owner of all the intellectual property rights in connection with the content of the Website including, but not limited to, the articles, texts, pictures, images, illustrations, audio clips, video clips, User interface as well as data and database.
Without limiting the foregoing, Jean-Paul Fortin is the sole and exclusive owner of the trade-marks used on the Website or, otherwise, they belong to their respective owners. The User agrees not to use any trade-marks displayed on the Website without obtaining a prior written consent from Jean-Paul Fortin or their respective owners. The following trade-marks are owned by Jean-Paul Fortin: “Jean-Paul FortinTM”, “Jean-Paul Fortin and designTM”, “JP FortinTM”, “Les Pieds Sur TerreTM”, “Le PlacardTM”, “ApostropheTM”, “ScarletTM”, “Matteo BertoniTM” and “Matteo SportTM”. In addition, Jean-Paul Fortin may be the owner of other trademarks related to names, words, advertising slogans, logos, drawings, and graphics that may be displayed, from time to time, on the Website.
In the event a third party trademark is displayed on the Website through a hyperlink or otherwise, the inclusion of such hyperlink by Jean-Paul Fortin shall not be construed a “use” of this trademark within the meaning of the Trademarks Act and/or a representation from Jean-Paul Fortin that it is an affiliate or an associated owner of such trademark.
7. Hyperlinks
The Website of Jean-Paul Fortin may contain hyperlinks redirecting the User to other external websites owned by third parties, hosted on external servers, different from the one of Jean-Paul Fortin. The User acknowledges that, by the activation of such hyperlinks, the User automatically leaves the Website of Jean-Paul Fortin. The activation of hyperlinks redirecting to external websites shall not be interpreted as an affiliation or association that may bind Jean-Paul Fortin to the owner of the external websites’ rights.
Given that Jean-Paul Fortin cannot exercise any control over the content of external websites, Jean-Paul Fortin shall not be held responsible for any prejudice and damages that may result from the inaccuracy or non conformity of the external websites’ content. Activation of the hyperlinks displayed on the Website is made at the User’s own risk.
8. Privacy
Jean-Paul Fortin takes reasonable measures and uses its best efforts to ensure the Website respects, as much as possible, Quebec and Federal legislation in matters of privacy. For this reason, the browsing on the Website, including on-line purchases, is governed by the Privacy Policy of Jean-Paul Fortin which aims, among others, to inform the User on the type of personal information that may be collected, used or disclosed to a third party in some specific cases. The Privacy Policy provides a mechanism permitting the User to access his personal information and to rectify, if necessary, such information. The User may access the Privacy Policy by clicking the following hyperlink: Privacy Policy.
9. Communication by Email and by Other Electronic Means
Jean-Paul Fortin may communicate with a User by emails or other electronic means such as texts or even social media messages, in particular with users who have made the purchase of products, sent information requests, enrolled to publicity contests, signed up to one of its newsletters or one of the pages of Jean-Paul Fortin on social media (such as Facebook, Instagram or Pinterest). The communications made by or with Jean-Paul Fortin may be considered commercial electronic messages (“CEM”) pursuant to Canada’s Anti-Spam Legislation (“CASL”) and its related regulations. Even if CASL may exempt Jean-Paul Fortin from seeking consent from a User before the sending of a CEM, Jean-Paul Fortin has a policy of seeking the express consent of a User prior to the sending of a CEM in addition of allowing any given User the ability to unsubscribe in order to cease, at its will, from receiving CEMs from Jean-Paul Fortin by clicking on a “unsubscribe” icon or by sending an email at the address [email protected] or by communicating by telephone at the following number: 1-877-683-0436. If You believe that You received a CEM from Jean-Paul Fortin while You should have not, You are invited to immediately contact the appropriate representative at the coordinates hereunder and Jean-Paul Fortin will undertake the reasonably necessary steps to rectify the situation in a timely manner (within 10 business days).
10. Warranty Exclusions
Jean-Paul Fortin makes no representation or warranty in regard of the functionality of the Website, the suitability for use, or that its use will be uninterrupted or error-free. Jean-Paul Fortin makes no representation or warranty that the server from which the Website is operated is or will be free from viruses or other harmful components. THE COMPONENTS OF THE WEBISTE ARE PROVIDED TO YOU « AS IS » WITHOUT ANY WARRANTY, EXPRESSED OR IMPLIED OF ANY NATURE WHATSOEVER. JEAN-PAUL FORTIN AND ITS LICENSORS DISCLAIM ALL WARRANTIES OR CONDITIONS, WRITTEN OR ORAL, LEGAL OR CONVENTIONAL, INCLUDING THE WARRANTY OF QUALITY, DURABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The exclusions mentioned in this provision are in addition to any specific exclusion provided in the Terms and Conditions and those set forth in the Terms and Conditions of Sale or any legal documentation available on the Website. Some federal or provincial laws do not allow the exclusion of certain warranties; as a result, this provision of the Agreement may not apply to You.
11. Children and Person Under the Age of Thirteen (13)
The Website and the advertisement contained therein are not directed to children or to persons under the age of thirteen (13) years. A purchase through the Website must be made by credit card (regular or prepaid) or by debit card issued by credit card issuers such as Visa Debit or Debit Mastercard and the User remains responsible to comply with the law applicable to obtaining and using credit cards or similar cards. Any person who wishes to make a purchase through the Website must have reached legal age.
Any use of the Website by a person under the age of thirteen (13) years who has not reached majority should be supervised by an adult over the age of eighteen (18) years.
12. Termination
Jean-Paul Fortin reserves the right, at its sole discretion and without prior notice, to deactivate the personal account of the User, to cancel a transaction, a purchase or an order, or to restrict access to the Website when the acts of the User are in violation with these Terms and Conditions or any condition or policy applicable or if Jean-Paul Fortin is made aware that non-authorized transactions are made or could have been made by or from the User’s personal account.
13. Miscellaneous Provisions
The Terms and Conditions are subject to the following general provisions:
12.1 Governing Law
The Terms and Conditions as well as its execution, interpretation, validity and effects are subject to the provincial and federal laws applicable in the Province of Quebec, Canada.
12.2 Severability
If any provision of the Terms and Conditions is deemed to be invalid, non-written or unenforceable, such provision shall be deemed severable and shall not affect the validity and enforceability of any other remaining provisions of the Agreement.
12.3 Arbitration
Any dispute or claim arising out of, relating to, or having any connection with the Terms and Conditions, shall be referred to and finally resolved by a sole arbitrator (hereinafter « Arbitration Tribunal » or « Arbitrator ») according to the following procedure: a party intending to submit a dispute to the Arbitration Tribunal must notify the other party of his request to refer to a sole arbitrator approved by all concerned parties, specifying the matter in dispute.
If the parties fail to concur on the choice of a sole arbitrator within a period of fifteen (15) days from the date of service of the notice, a sole arbitrator shall be appointed by a judge sitting in the judicial district of Quebec. The arbitration award will be final and without appeal and will bind the parties and shall be made by the Arbitrator in the best possible delay. The fees and costs of arbitration shall be shared equally between the parties unless the Arbitrator decides otherwise, as he may, at its sole discretion. The arbitration is subject to the provisions of the Civil Code of Quebec and the Code of Civil Procedure. Some laws do not allow mandatory arbitration. As a result, this provision may not apply to You.
12.4 Injunctive Relief
Notwithstanding the previous arbitration provision or any other provision of these Terms and Conditions, Jean-Paul Fortin shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-marks or other intellectual property rights or confidential information or to preserve the status quo during the pending arbitration.
12.5 Notice and Communications
The notice requested or approved according to the Terms and Conditions must be made in writing and shall be considered validly received when sent by e-mail or certified mail at the following address:
C/O: Customer Service
Jean-Paul Fortin (1997) Inc.
O/A Jean-Paul Fortin
2050, de Celles
Québec City, (Québec)
Canada
G2C 1X8
Toll free: 1-877-683-0436
Email: [email protected].
12.6 Jurisdiction
This Website is controlled and operated by Jean-Paul Fortin from Quebec City, Quebec, Canada. Jean-Paul Fortin makes no representation that the product and price information on the Website is appropriate or available for use in all provinces or territories of Canada. Purchase and shipping are not available outside the boundaries of Canada. Anyone who decides to access the Website from another province or territory does so willingly and shall comply with all local applicable laws, as the case may be.
