Dans un Jardin Inc. (hereinafter called “Dans un Jardin”) operates the Dans un Jardin Web site (the “Site”). The terms and conditions set out below govern the use of the Site and form a contract between you and Dans un Jardin. Dans un Jardin reserves the right to change these terms and conditions at any time.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE.
By using the Site, you acknowledge having read, understood and being bound by these terms and conditions.
1.1 Business Premises of the Site
The Site is operated out of the Dans un Jardin offices in Quebec.
1.2 Limitation of Liability
All persons who use the Site do so of their own initiative and must comply with all of the laws applicable to said use. Any claims regarding the use of the Site and/or the items it contains are governed by the applicable laws of the province of Quebec. Although Dans un Jardin does everything possible to ensure that the Site does not contain any errors. Dans un Jardin disclaims any responsibility for any error found on the Site. Its affiliates, managers, employees, representatives or agents may not be held responsible, under any circumstances, for any direct or indirect damages related to the use of the Site.
1.3 Trademarks and Other Rights
The trademarks and logos used or displayed on the Site are trademarks belonging to Dans un Jardin or third parties who have authorized Dans un Jardin to use them. Nothing in the Site may be construed in such a way as to directly or indirectly allow the use of a trademark reproduced on the Site without prior written authorization from the trademark owner.
Any use of the Site contents, in whole or in part, is strictly prohibited. Legal action may be taken against any person who breaches this clause.
2. CONDITIONS OF SALE
The prices of our products are quoted in Canadian dollars.
Transportation and delivery costs, and applicable sales taxes, are not included in the price.
Dans un Jardin reserves the right to change the prices of the products offered on the site at any time without prior notice.
The prices of the products offered on the Site may differ from those displayed in the Dans un Jardin Perfumeries.
2.2 Product Returns
You may exchange any product, for any reason whatsoever, signed Dans un Jardin (excluding accessories), at any time, or you may request a refund upon presentation of your receipt and the product, less delivery costs, at the return address indicated below. On all other products, we will honor the manufacturer’s guarantee.
You may return incorrect orders or defective products delivered by Dans un Jardin after obtaining a return authorization number at 1-800-363-3663 or by contacting us by e-mail at [email protected]. Dans un Jardin will bear the transportation costs and the risks if you return the products through a carrier that insures risks. In this case alone and should you not wish to have the products replaced, we will credit any amount debited by Dans un Jardin for these products, including delivery costs, back to your credit card account.
All Dans un Jardin products may be returned, without any penalty, at any time up to 60 days following their reception, provided that the products have not been removed from their original packaging and the packaging is not damaged. You must, however, bear the risks and the delivery costs, and include your bill with the products. Once we receive the returned products, we will credit any amount debited by Dans un Jardin for these products, less delivery costs, back to your credit card account, provided that the products have been returned by you and received by Dans un Jardin in the same condition as when they were delivered to you.
Our return address is: Dans un Jardin, 240, boul. Industriel, Boucherville, QC J4B 2X4 Canada.
2.3 Product Availability
Dans un Jardin in no way guarantees the availability of the products offered on the Site. If Dans un Jardin cannot deliver one or more of the products ordered by you, it will notify you within twenty-four hours of receiving your order, by e-mail, that some of the products ordered are not available, and will indicate the approximate date of their return. You will then have the following options:
You may request that the products be delivered once they are available, in which case no change will be made to the original transaction.
You may cancel the unavailable products, in which case we will credit any amount debited by Dans un Jardin for these products, less delivery costs, back to your credit card account, or cancel the entire order, in which case we will credit any amount debited by Dans un Jardin for these products back to your credit card account.
Dans un Jardin will not be held liable for any damages you may have suffered from its inability to deliver the products to you.
2.4 Delivery of Goods
We do not accept post office boxes as a delivery address.
The products ordered will become your property once Dans un Jardin has given the products to the carrier. From this moment on, you will be responsible for the risks and Dans un Jardin will not be liable for the loss or destruction of the products.
You are liable for all customs duties and all other export costs for products delivered outside Canada.
Products are delivered subject to the rules of the carriers with which Dans un Jardin does business. You are especially subject to all rules concerning the signature of an acknowledgement of receipt of the products. Should you be absent from the place where you have asked Dans un Jardin to deliver your products, it is your responsibility to pick up the products according to the rules of the carrier used.
Under no circumstances will Dans un Jardin be liable for any amount exceeding the sum paid for the products returned.
WE HAVE A BOND OF INDEMNITY WITH THE CONSUMER PROTECTION BUREAU OF QUEBEC.
3. SECURITY AND CONFIDENTIALITY
Credit card payments are completely secure. The entire transaction is sent in encrypted mode to a bank validation server in SSL (Secure Socket Layers) mode, which makes the transaction highly secure.
However, no security mechanism is perfect and you should be aware that there is always a certain level of risk that personal information you send to Dans un Jardin be disclosed by no fault of its own and without your consent. Dans un Jardin disclaims any responsibility should confidential information about you be disclosed, unless due to negligence on the part of Dans un Jardin.
If you are concerned about confidentiality when using your credit card on the Internet, Dans un Jardin invites you to send your order by e-mail to [email protected]. Please be sure to indicate your telephone number so that a Dans un Jardin representative may call you back to complete your order.
When purchasing products, Dans un Jardin requires that you indicate your name, address, e-mail address and, if you agree, some other information. If possible, Dans un Jardin will provide you with the means to check that the confidential information you are sending is accurate and up-to-date.
Dans un Jardin requests this information about you in order to open an account in your name, to process your order, to personalize its relationship with you and, if you so authorize, to send you, from time to time, personalized information about the Site and its products. You can also contact us to request that Dans un Jardin stop sending you information about its Site and its products.
Dans un Jardin does not have any control over the operation of Web sites that may be accessed from its Site and is in no way liable for them. All personal information sent by you through these sites will be subject to the personal information protection policy of these sites alone.
Dans un Jardin reserves the right to change this policy at any time. Dans un Jardin also reserves the right to provide personal information about you if Dans un Jardin is required to do so by law or in order to protect its proprietary rights over the Site or those of its users, sponsors, advertisers or suppliers