[Effective Date: March 31, 2016]
Welcome to our Nannette de Gaspé UK website (the "Nannette de Gaspé UK Site" or the "Site"). Nannette de Gaspé UK Online ("Nannette de Gaspé UK Online", "we", "us" or "our") provides the services available on the Site to you subject to the following terms and conditions (the "Terms and Conditions"). By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. Should you visit one of our other regional Sites, please note that you are subject to the terms and conditions applicable for that Site.
The Site owned and controlled by Nannette de Gaspé Beauty Inc. Nannette de Gaspé is incorporated in Canada. It’s office address is 900 de Maisonneuve West, Suite 1000, Montreal, Quebec.
To be eligible to purchase goods on this Site and to lawfully enter into and form contracts on this Site under English law you must: (a) be aged 18 or older; and (b) register on the Site; and (c) be the holder of a valid debit/credit card.
This contract shall be concluded in English.
All prices indicated for products available via the Site are inclusive of VAT (where applicable) at the current rates and are exclusive of delivery charges. The total cost of your order is the price of the products ordered and delivery charges as set out in the Delivery section of the Site.
We will take all reasonable care to ensure that all details, descriptions, images and prices of products appearing on the Site are correct at the time when the relevant information was entered onto the system; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colours or other content available on the Site are accurate, complete, reliable, current, or error-free. Although we aim to keep the Site as up to date as possible, the information including product descriptions appearing on this Site at a particular time may not always reflect the product exactly at the moment you place an order. We cannot confirm the price of a product until your order is accepted in accordance with our order acceptance policy. See Section 8 below.
You will be guided through the process of placing an order by a series of simple instructions on the Site. Once you have placed your order, we will send to you an email acknowledgement providing you with the details and value of your order, which has been debited to your credit card. This is not an order acceptance.
Unless we have notified you that we do not accept your order or you have cancelled your order, our acceptance of your order and the completion of the contract between you and us will take place when we have dispatched the goods ordered by you (again via email confirming your items have been dispatched).
If you require any information regarding your order(s) please email us at email@example.com.
You may pay using any of the methods specified in the payment section of the Site. All credit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses or does not, for any reason, authorize payment to us, whether in advance or subsequent to a payment, we will not be liable for any delay or non-delivery.
We will retain the legal ownership of the goods until full payment has been made by you and such payment has been received by us. Legal ownership of the goods will immediately revert to us if we refund any such payment to you.
Risk in the goods will pass to you upon delivery to you.
We will deliver the goods in accordance with the delivery option selected by you during the order process. Any delivery timescales quoted to you are indicative only. Orders may be delivered in one or more parts. We do not accept any liability whatsoever for delayed delivery caused by any third party.
Upon receipt, you must inspect the goods. You will be deemed to have accepted the goods unless you notify us that you have cancelled the order and/or you return the goods in accordance with the Returns Policy & Procedure. If no such action is taken, we shall not be obliged to accept any rejection of the goods at a later date. Your statutory rights are not affected. If you have not received the entire order as detailed in the order confirmation email sent to you when an order is received, please email firstname.lastname@example.org.
All content available on the Site, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (collectively, the "Content") is the property of Nannette de Gaspé Beauty Inc., and is protected by Canadian and international copyright laws. The trademarks, logos, and service marks displayed on the Site (collectively, the "Trademarks") are the registered and unregistered marks of Nannette de Gaspé Beauty Inc. in Canada and other countries, and are protected by Canadian and international trademark laws. All other Trademarks not owned by us that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Neither the Content, the Trademarks, nor any other portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.
We are not responsible for the content of any off-Site pages or any other Sites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Site pages or other Sites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Site pages or any other Sites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and Sites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Site pages and other Sites that you visit.
THE SITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-SITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY SITES; (f) ANY INACCURACIES, OMISSIONS OR MISLEADING, FALSE OR DECEPTIVE STATEMENT IN THE CONTENT; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED STERLING AS APPLICABLE OR THE VALUE OF THE GOODS ORDERED WHCHEVER IS GREATER. BECAUSE SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
When you transmit, upload, post, email or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials ("User Content") on the Site, you are entirely responsible for such User Content. Such User Content constitutes a Submission under Section 19. This means that all third parties, and not we, are entirely responsible for all User Content that they post to the Site. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Site User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam." You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) "stalk" or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store personally identifiable data about other users. We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site. You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable legal' fees, resulting from any third party claim, action, or demand resulting from your use of the Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable legal' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
If you wish to complain about any matter in respect of the goods please contact Customer Service by emailing email@example.com.
Your use of this Website and any purchase by you of any goods from Nannette de Gaspé UK shall be governed by English law and the parties hereto submit to the exclusive jurisdiction of the English courts.