TERMS OF SERVICE
Last update: April 6, 2020
PLEASE READ THE GENERAL CONDITIONS BEFORE USING THE SITE
The following general conditions govern and apply to your use or referring to the site maintained by Créations Louise Naud (the “site”).
- INTELLECTUAL PROPERTY
All intellectual property on the site is owned by us or our licensors and includes any element protected by copyright, trademark or patent. All trademarks are owned, registered and/or licensed by us. All content on the site including, but not limited to, text, software, code, design, graphics, photos, sounds, music, videos, applications, interactive features as well as any other content is a collective work under Canadian law or under any other copyright law and is the property of Créations Louise Naud. The elements appearing on this site may not be copied, reproduced, re-published, downloaded, displayed, transmitted, distributed, or modified, in whole or in part, whether textual, graphic, audio, video or executable form, without our written permission.
All rights reserved.
- COMPANY CONTENT USAGE
We may provide you with certain information as a result of your use of the site, including, without limitation, documents, data or information developed by us, or any other material that may assist you in the use of the site or services (the “Company Content”). The Company’s Content may not be used for any other purpose than the use of the site and services offered on the site. Nothing in this document can be interpreted as granting you a license or intellectual property rights.
- USER ACCOUNT AND USE OF THE ACCOUNT
If your use of the site requires an account identifying you as a site user (a “user account”):
- a) you are solely responsible for your user account, the maintenance, confidentiality and security of your user account and all passwords linked to your user account as well as the activity anyone who has access to your account with or without your permission;
- b) you agree to immediately notify us of any unauthorized use of your user account, of services through your user account, of a password linked to your user account or of any other breach of the security of your user account or service provided through your user account, and you agree to assist us, as you may be asked, to stop or remedy any breach of security related to your account; and
- c) you agree to provide truthful, accurate and current user information, as we may request from time to time, and you agree to notify us of any changes to your user information as required so that the information that we hold to be truthful, accurate and current.
When you make a purchase on the site, you agree to provide a valid payment instrument. Pay attention to the details of the transaction since the total price may include taxes, fees and shipping costs for which you are responsible.
When you provide us with a payment instrument, you declare that you have permission to use this payment instrument. When you make a payment, you authorize us, as well as the payment service we use, to charge the total amount to the payment instrument that you have designated for the transaction. You also authorize us to collect and record this payment instrument as well as any other information related to the transaction.
If you are paying by credit card, we can obtain a pre-authorization from the card issuer up to the total amount of the transaction. If you choose to cancel a transaction before it is completed, the funds used for pre-authorization may not be immediately available in your account.
We reserve the right to cancel any transaction if we suspect that the transaction violates these general conditions of use or if we have reason to think that by doing so we can prevent financial loss.
In order to prevent any financial loss, we may contact the issuer of your payment instrument, the police or any affected third party (including other users) and may share the details of any payment with which you are associated if we believe that such action could prevent financial loss or in breach of or in violation of the law.
- SALE OF PRODUCTS AND / OR SERVICES
We can sell goods or services. We are committed to being as accurate as possible with respect to all information about the products, including product descriptions and product images. However, due to the difference in color display between different browsers and screens, in some cases the colors of the illustrations on this website may differ from those of the actual physical product. No exchange or return of goods is accepted due to color variation.
- SHIPPING, DELIVERY AND RETURN POLICY
You agree to ensure payment for all items you may purchase on the site, and you acknowledge and agree that prices are subject to change. When you purchase a physical product, you agree to provide us with a valid email address and delivery address as well as valid billing information. We reserve the right to refuse or cancel an order for any reason whatsoever, including an error or omission in the data you provide to us. If applicable, if the payment has already been processed, we will refund the purchase price. We may require additional information from you before confirming the sale and we reserve the right to place any additional restrictions on the sale of our products. For the sale of products on our site, the total amount of the purchase (including taxes and shipping costs) will be charged to your credit card when you place the order. You agree to monitor your payment instrument. Shipping and delivery costs as well as scheduled delivery dates may be changed due to unforeseen circumstances.
For any question or dispute, you agree to contact us in a timely manner at the following email address:
If you are not satisfied with a good that you bought on our site, you can proceed as follows:
To return a product you must send an email to [email protected] no later than 7 days following receipt of the product (s). You must clearly indicate in your email the reason (s) for the return of the product (s) by specifying your order number as well as the telephone number we can reach you. Créations Louise Naud will contact you to make the return arrangements for the product (s). Return shipping costs are not paid by Créations Louise Naud inc.
- ACCEPTABLE USE OF THE SITE
You agree not to use the site for illicit purposes or any other purpose prohibited under this clause. You agree not to use the site in any way that could harm the site, services or commercial activity of Créations Louise Naud. You also agree not to use the site for the following purposes: a) harass, abuse or threaten others or otherwise violate a person’s rights; b) infringe the intellectual property of Créations Louise Naud or any other third party; c) download or transmit computer viruses or any other software that could damage the property of Créations Louise Naud or others; d) commit a fraud; e) create or participate in illegal gambling, lottery or pyramid schemes; f) publish or distribute obscene or defamatory material; g) publish or distribute any material that incites violence, hatred or discrimination of any group; and or h) illicitly collect information about others.
8. PROTECTION OF PRIVACY
By using our site, you may provide us with certain information. By using the site, you authorize us to use your information in Canada and in any country in which we may operate.
When you sign up for a newsletter account or for an order, you provide us with a valid email address and you may also provide us with certain additional information, such as your name and / or billing information. Depending on how you use our site, we may also receive information from external applications that you use to access our site or we may receive information about you through various web technologies such as cookies , histories, invisible pixels (also called “invisible GIFs”), tags and others.
We use the information collected from you to ensure you have a good experience on the site. We may also trace some of the passive information received to improve our marketing and analytics and to do this we may work with third party suppliers.
If you wish to block our access to any passive information we receive from the use of various technologies, you can choose to disable cookies in your web browser. Please note that we will still receive information about you that you provide to us, such as your email address.
- REVERSE ENGINEERING AND SAFETY
You cannot take any of the following actions: a) use reverse engineering or disassemble any code or software on or from this site; b) violate or attempt to violate the security of the site by any unauthorized access, bypassing encryption or any other security tool, data exploitation or interference with any host, user or network.
- LOSS OF DATA
We are not responsible for the security of your user account or the content of your account. Use of the site is at your own risk.
You agree to defend, compensate and hold faultless Creations Louise Naud and its affiliated companies against any claim, prosecution or request, including attorneys’ fees, which could arise from or which relates to your use or abuse of the site, your violation of these or your conduct and actions. If we choose to do so, we will choose our lawyer and participate in our own defense.
- SPAM POLICY
You are strictly prohibited from using the site or any service offered on the site for illegal spam-related activities, including collecting addresses and personal information from others or sending mass commercial emails.
- INDEPENDENCE OF CLAUSES
If one of these clauses is recognized as illegal, declared void or unenforceable, in whole or in part, the inapplicable portion will not affect the validity and applicability of the other clauses of these conditions of use.
- SERVICE INTERRUPTIONS
We may have to interrupt your access to the site in order to carry out unplanned maintenance or emergency work. You agree that your access to the site may be affected by an unplanned or unforeseen unavailability, for any reason, and that we will in no way be held liable for damage or loss arising from this unavailability.
15. NO WARRANTY
While we have made reasonable efforts to ensure that the content on this site is accurate, we cannot guarantee that the content is error free, up to date or complete. In any case, we can not be held responsible for any damage that may arise from an error on the site.
We assume no responsibility for any damage arising from the misuse of the content of the site. We also cannot guarantee that the site will be available without interruption, without error or omission, or that the faults will be corrected. It is also not possible to guarantee that the site and the servers that make it available are free of viruses or harmful components. The site and its content are provided “as is” and “as available” without declaration, warranty or condition of any kind, express or implied.
If you decide to subscribe to the newsletter or make an online purchase on the site, you agree to provide accurate and up-to-date information about yourself and to ensure its accuracy by making the necessary updates as soon as possible. You agree to ensure the confidentiality of personal data contained in the newsletter and in the purchase process that you have chosen or that will be allocated to you when registering or subscribing to Créations Louise Naud or its partners and to assume responsibility for all activities related to the use of this information. In addition, you agree to notify us of any unauthorized use of your personal information. We cannot be held responsible, directly or indirectly, for losses or damages of any kind whatsoever resulting from the failure to comply with this provision or related to such a defect.
You acknowledge that we may, in our sole and absolute discretion, without notice, suspend, cancel or terminate your newsletter account, use or access to the site or any of its services, and remove and delete any information or content relating to the site or one of the services offered (and to end the use you make of it), for any reason whatsoever, including if we believe that you have breached these conditions. In addition, you acknowledge that we will not be liable to you or anyone else as a result of such suspension, cancellation or termination. If you are dissatisfied with Créations Louise Naud or one of its products and services, or one of these conditions, rules, policies, guidelines or our practices relating to the operation of Créations Louise Naud or ‘one of its services, your only recourse is to stop using the site or the service in question.
Communications via the Internet are subject to interception, loss or alteration, therefore, you acknowledge that the information or elements that you provide by electronic means as a result of accessing or using this site are neither confidential nor exclusive, except in the extent required by applicable law and that unprotected email communications over the Internet may be intercepted, altered or lost.
- LIMITATION OF LIABILITY
We are in no way responsible for any damage you may suffer as a result of your use of the site, to the fullest extent of the law. Créations Louise Naud’s maximum liability arising from your use of the site is limited to one hundred (100) Canadian dollars or the amount paid to Créations Louise Naud in the last six months, whichever is greater. This is valid for any claim including, without limitation, loss of profits or income, indirect or punitive damages, negligence, civil liability or fraud of any kind.
- QUESTIONS AND ADDITIONAL INFORMATION
For any questions or for more information, please contact us at the following address: [email protected]