Last update: October 1st, 2019
When You make a purchase through the website www.jeanpaulfortin.com (the «Website ») for “JEAN-PAUL FORTIN”, “LES PIEDS SUR TERRE”, “LE PLACARD” and “CLARKS” stores, such purchase is subject to the terms and conditions of sale provided hereinafter, which are setting forth the agreement (the « Agreement » or the « Terms and Conditions of Sale ») between You («You » or the « User ») and Jean-Paul Fortin (1997) Inc., doing business under the name of Jean-Paul Fortin (« Jean-Paul Fortin »). These Terms and Conditions of Sale may be modified from time to time by Jean-Paul Fortin, at its sole discretion, without notification.
Unless a specific provision is provided in The Terms and Conditions of Sale, the Terms and Conditions of Use of the Website and the Privacy Policy will continue to govern the rights and obligations of the User and Jean-Paul Fortin. By browsing and accessing this Website, You hereby acknowledge that You have read all other agreements, terms and policies and You accept and agree to be bound by their terms and conditions.
Notwithstanding the aforementioned, the Terms and Conditions of Sale set forth shall govern the rights and obligations of the User and shall supersede and take precedence over the provisions of other policies of Jean-Paul Fortin. Use of the masculine gender throughout this document includes the feminine gender and is to be understood as meaning « person ». In the event of any inconsistency between the provisions of this Agreement and those of the other policies of Jean-Paul Fortin, the provisions of this Agreement shall govern. Certain additional terms and conditions may apply to purchase of products and or the use of other portions of this Website.
PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OF SALE DESCRIBED HEREIN BEFORE MAKING A PURCHASE THROUGH THIS WEBSITE.
1. Scope of the Agreement
While accessing and browsing this Website, the User may select and purchase all marketed products offered for sale by Jean-Paul Fortin by placing an order through the Website in accordance with the conditions set forth herein. An order made through the Website by the User will not bind Jean-Paul Fortin until the transaction is completed and accepted by Jean-Paul Fortin. A transaction will be considered completed and final after your order is accepted by Jean-Paul Fortin, which order remains subject to the refusal and the right of cancelation of Jean-Paul Fortin or other limitations provided herein. Upon acceptance of an order by Jean-Paul Fortin, a contract of sale is formalized between You and Jean-Paul Fortin.
2. Consent to the Terms and Conditions of Sale
When purchasing through the Website, You hereby acknowledge having read, understood and agreed to be bound by the Terms and Conditions of Sale set forth therein. You also represent that You are of the legal age to enter into this Agreement and to give your full consent.
3. Description and Availability of the Products
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 products offered to the User.
THE INFORMATION APPEARING ON THE WEBSITE IN REGARD TO THE PRODUCTS, THEIR PRICE AND THEIR AVAILABILITY MAY CHANGE FROM TIME TO TIME WITHOUT PRIOR NOTIFICATION. ANY SUCH 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, for immediate delivery. Any such unavailability shall not engage Jean-Paul Fortin’s liability. In the event that a product ordered is unavailable at the time of delivery, Jean-Paul Fortin will notify the User by e-mail of such lack of availability and may, at its sole discretion, cancel the order made with respect to such unavailable product. Any payment processed at the time of the cancellation of an order will be refunded by reversing the charges applied on the credit card of the User with no liability on Jean-Paul Fortin’s part.
4. Order of the Product(s)
After having filled up the information pertaining to the purchase of a product, the User shall first submit his order. Thereafter, the User will be requested to confirm his order. Before submitting his final order on the Website by pressing the « confirm order » button, the User is responsible for ensuring the accuracy of the product selection in regard to the product size, quantity, color and price as well as of the details concerning billing and invoicing. As the case may be, the User is responsible to correct any error or inaccuracy. If it is impossible for the User to correct the error or inaccuracy, he shall promptly advise Jean-Paul Fortin of same in writing. Once a final order is submitted to Jean-Paul Fortin, the User shall receive an acceptance e-mail from Jean-Paul Fortin indicating that the transaction has been processed along with a detailed invoice and the Agreement in an electronic format, the whole within a delay of fifteen (15) days. The User is the sole responsible for ensuring the accuracy of the order, to print and keep a copy of the acceptance e-mail, the invoice and the Agreement. A delay of thirty (30) days is allowed to the User from the date of the e-mail in order to contact, inform and demonstrate to Jean-Paul Fortin any error or inaccuracy on the billing invoice. At the expiration of this delay, the exactitude of the billing invoice will be presumed.
5. Right to Refuse, Cancel and Limit an Order
Subject to applicable laws, Jean-Paul Fortin reserves its right, at its sole discretion, to refuse or cancel any order as well as to apply restrictions on the quantity of products covered by an order, including for orders that were approved by Jean-Paul Fortin. Jean-Paul Fortin is also entitled to seek additional information from User before accepting, processing or deliver an order. Without limiting the foregoing, Jean-Paul Fortin is entitled to refuse or cancel any order as well as to apply restrictions on an order for the following grounds:
(a) the product is not available, became unavailable by reason of inventory variation or is back order; (b) the quantity of products ordered, in an order, exceeds the reasonable quantity of products allowed by order or by customer for purpose of personal consumption; (c) the invoicing information appears inaccurate; (d) the price or any important information on the Website or with regard to the products at the time of the order are incorrect or materially inaccurate; (e) the order has an unusal character or appears to be fraudulent; (f) the order reveals or suggests that the User is a reseller or that he makes the purchase for purposes of resale to a third party.
In cases of refusal, cancellation or restriction of the order, Jean-Paul Fortin will notify the User that such order is refused, canceled or restricted. As the case may be, Jean-Paul Fortin will not invoice the amount of the order or will proceed to the refund by reversing the charges applied on the credit card of the User.
6. Price
The purchase price for a product ordered is the price shown on the Website plus all applicable taxes and charges. The prices are quoted in Canadian dollars.
Jean-Paul Fortin strives to abide by the industry standards of accuracy in product and pricing information. Nevertheless, prices displayed on the Website may contain errors. In the event of a material pricing error, Jean-Paul Fortin reserves its right, at its sole discretion, to cancel any order and to fully refund the User if the payment has been processed. Jean-Paul Fortin shall oversee the correction of the information on the Website accordingly.
Jean-Paul Fortin reserves its right to modify, at its convenience, the pricing information displayed on the Website without prior notice to the User. The pricing information on the Website may differ from Jean-Paul Fortin’s in-store pricing for the same product.
7. Taxes and Shipping Charges
The User shall pay all applicable provincial and federal sales taxes along with shipping and handling charges plus the purchase price of the selected product(s). The User is responsible for the payment of the shipping charges according to the price list available on the Website at the time of the transaction. The shipping charges are subject to change, without prior notification, depending on the delivery option chosen by the User and the distance of delivery, as the case may be.
8. Payment
Payment of the amount for the purchase of a product or any other items through the Website has to be made by Visa TM, Mastercard TM or Discover TM credit or prepaid card or by Visa Debit TM or Debit Mastercard TM card according to the User’s choice, unless some other pre-arranged method of payment has been accepted by Jean-Paul Fortin at the time of the transaction. In order to complete the payment, the User shall provide his valid credit card number, the expiry date (when applicable) and the cardholder name.
The Website uses the Moneris TM secured transaction system which ensures the safety of the financial and personal information given by the User while making a purchase or a transaction through the Website. Upon making a payment through the Moneris TM secured transaction system, User will have the option, at his/her discretion, to save his/her payment information into his/her Moneris TM account. The User acknowledges and agrees that the information and personal information related to the payment that are entered and saved into the account are then under the sole control of Moneris TM and not that of Jean-Paul Fortin.
9. Shipping Terms
Jean-Paul Fortin will ship the product(s) ordered at the address provided the User and accordingly with the delivery option chosen by the User.
It remains User’s responsibility to provide accurate information with regard to the shipping address so as to allow timely delivery it being understood that the User will remain responsible for any costs related to products that could not he delivered and would be returned to Jean-Paul Fortin by the delivery company by reason of inaccuracy of the shipping information preventing the delivery to occur at the address indicated. Under such circumstance, Jean-Paul Fortin will then be entitled to proceed to the cancellation of the order and seek the payment of an administrative cost in reduction of the amount refunded to the User or proceed to a new shipment of the returned product at the expense of the User, and that, even if the initial shipment would have qualified to be free of charge.
The User shall choose the delivery option and must pay the shipping charges accordingly. Delivery times specified on the Website are only provided as estimations and shall not be construed as warranties. Jean-Paul Fortin will not be liable for any delay related to the shipping, for any damages, direct or indirect, that the User may suffer.
Jean-Paul Fortin will only ship the products purchased within the boundaries of Canada. Certain restrictions and conditions may apply in some provinces or territories where the distance is important and the shipping too difficult and/or costly. Without limitation, no order will be shipped to Yukon, Northwest Territories or Nunavut.
Otherwise, the shipment of products purchased through the Website is governed by the specific terms of our Shipping Policy.
10. Ownership of the Product and Risk of Loss
A product purchased through the Website is delivered to the User by a third party delivery company pursuant to a contract of delivery with the User. This delivery company is an entity completely independent from Jean-Paul Fortin and does not act as an associate or affiliate.
The User will become the owner of the purchased product(s) and will assume the risks of loss immediately upon delivery of the product(s) by the third party delivery at the address indicated in the order.
In the case where a parcel is lost or missing prior that tthe actual delivery is completed according to the established or expected date under the delivery option selected, the User shall promptly notify Jean-Paul Fortin of the same in writing in which case Jean-Paul Fortin will thereupon have a ten (10) day delay to investigate and perform verifications with the delivery company in charge of the delivery to determine the status of the shipment.
In the case where the investigation and verifications by Jean-Paul Fortin would confirm that the parcel for the product was actually lost or could not be found, Jean-Paul Fortin shall thereupon, at its sole but reasonable discretion, proceed to a new delivery of the products ordered (subject to availability) or refund the amount of the product not delivered it being understood by the User that the foregoing will remain the only obligations that will be borne by Jean-Paul Fortin in that regard.
11. Return Policy and Cancellation Terms
The User who wishes to cancel his online purchase of products immediately after having completed a transaction may do so by contacting directly the customer service representative of Jean-Paul Fortin (Toll free : 1-877-683-0436) or by e-mail at the following address [email protected]. Moreover, the User has a thirty (30) day delay following the purchase date indicated on the invoice during which, he has the option to return any unworn product purchased through the Website, in its original package, along with the original copy of the invoice, either by going to any of Jean-Paul Fortin store or by returning the product, by courier, at his own charges.
Upon return of a product, a representative from Jean-Paul Fortin will credit the price paid on the same credit card used to process the transaction deduction made of the applicable shipment fee for returns. The initial shipment fees are non-refundable in cases of cancellation or return of products, except if the cancelation of an order is confirmed prior that the product ordered is remitted by Jean-Paul Fortin to the delivery company.
Otherwise, returns of products ordered through the Website are governed by the specific terms of our Return Policy. Without limitation, the Return Policy provides that beyond a reasonable amount of items returned by the same user, Jean-Paul Fortin is entitled, at its discretion, to claim payment of an administrative charge for handling and inventory management in reduction of the amount refunded to the User.
12. Representations of the User
The User hereby represents and warrants that he understands all the terms and conditions applying to a purchase through the Website and the provisions of this Agreement. The User understands that he/she cannot make an abusive use of the Website while purchasing products. The User represents to Jean-Paul Fortin that all purchase of products made through the Website is intended for personal use only and not for resale, distribution or commercialization to any third party. The User understands that he cannot, at any time, assign his rights or obligations under the Terms and Conditions of Sale. Moreover, the User represents and warrants that his personal information given to Jean-Paul Fortin for billing purposes is accurate and true. The User represents and warrants that he/she is the legitimate cardholder of the credit card used for the purpose of any given transaction. Finally, the User represents and warrants that he/she has reached the minimum legal age to enter into a contract for usual needs or that he/she is supervised by an adult person upon making a purchase.
13. Representations of Jean-Paul Fortin
Jean-Paul Fortin, a division of Jean-Paul Fortin (1997) Inc., is duly constituted under Part 1-A of the Quebec Companies Act. Its head office is located at 2050, de Celles, Quebec City (Quebec), Canada, G2C 1X8.
Jean-Paul Fortin represents that it will render all services related to a purchase through the Website in accordance with the industry standards in respect to diligence and professionalism but makes no representations that the use of the Website will be uninterrupted or error-free.
Jean-Paul Fortin hereby declares that the information contained on the Website is as accurate as possible, to the best of its knowledge, but makes no representations that the information on the Website is complete, exact or error-free.
Jean-Paul Fortin will update the information on the Website when necessary and within a reasonable period of time. Nevertheless, any given modification of the information on the Website may not engage the liability of Jean-Paul Fortin for any prejudice or damages, direct or indirect, which may affect the User.
Jean-Paul Fortin represents and warrants that it will contact and inform the User, by e-mail or by telephone, as soon as possible, in the event a problem relating to a purchase or a transaction through the Website is brought to its attention.
14. Exclusions of Warranty and Liability Limitation
Jean-Paul Fortin SHALL NOT BE LIABLE FOR ANY DAMAGES DIRECT OR INDIRECT, HOWSOEVER CAUSED (INCLUDING BUT NOT LIMITED TO, ANY LOSS OF PROFIT OR SAVINGS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA), ECONOMIC DAMAGES OR PUNITIVE DAMAGES ARISING OUT OF A PRODUCT SOLD BY JEAN-PAUL FORTIN OR OTHERWISE RELATED TO THIS AGREEMENT OR A TRANSACTION CONDUCTED ON OR FROM THE WEBSITE EVEN IF Jean-Paul Fortin OR ONE OF ITS CONTRACTORS, MANDATARIES, LEGITIMATE EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM(S).
IN NO EVENT WILL JEAN-PAUL FORTIN’S TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) BE FOR MORE THAN THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCT(S) ORDERED UNDER THIS AGREEMENT AND TO WHICH THE CLAIM RELATES. IN NO EVENT WILL Jean-Paul Fortin BE LIABLE TO YOU FOR DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF DATA TRANSMISSION ERRORS OR PROBLEMS, DAMAGES ATTRIBUTABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS, JEAN-PAUL FORTIN’S CONTRACTORS, THE INTERNET BACKBONE, THIRD-PARTY SUPPLIERS OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS, MANDATARIES OR SUBCONTRACTORS, OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF JEAN-PAUL FORTIN.
NOTWITHSTANDING THE AFOREMENTIONED, NOTHING IN THIS PROVISION SHALL LIMIT ANY RIGHTS YOU MAY HAVE AS A CONSUMER ACCORDING TO PUBLIC ORDER STATUTORY PROVISION UNDER A PROVINCIAL OR A FEDERAL LAW.
For the purpose of the foregoing provision, “Jean-Paul Fortin” is deemed to include all of Jean-Paul Fortin’s affiliates and also its directors, management, employees, and mandataries.
This provision shall survive the termination or expiry of this Agreement.
15. Miscellaneous Provisions
The Terms and Conditions of Sale are subject to the following general provisions:
15.1 Governing Laws
The Terms and Conditions of Sale as well as its execution, interpretation, validity and effects are subject to the federal and provincial laws applicable in the Province of Quebec, Canada.
15.2 Severability
If any provision of the Terms and Conditions of Sale 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.
15.3 Arbitration
Any dispute or claim arising out of, relating to, or having any connection with, the present Terms and Conditions of Sale, 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 for consumer matters. As a result, the present provision may not apply to You.
15.4 Injunctive Relief
Notwithstanding the arbitration provision herein or any other provision of the Terms and Conditions of Sale, Jean-Paul Fortin shall have the right to seek and obtain any injunctive relief, provisional, interim or permanent, from any court of competent jurisdiction to protect its trade-marks or any other intellectual property rights or confidential information or to preserve the status quo pending arbitration.
15.5 Notice and Communication
The notice requested or approved according to the present Terms and Conditions of Sale 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]
15.6 Jurisdiction
This Website is controlled and operated by Jean-Paul Fortin from Quebec City, Quebec, Canada. Jean-Paul Fortin makes no representations 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.
