Terms of use
PLEASE READ THE FOLLOWING TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR USE OF THIS WEBSITE AND YOUR RIGHTS, REMEDIES AND OBLIGATIONS. BY ACCESSING THIS WEBSITE AND USING IT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND AGREE TO BE BOUND BY THEM.
USING THIS WEBSITE
This website is the property of Vincent D'Amérique.
This site is provided "as is" and you access it and use it at your own risk. Although reasonable efforts are made to ensure that the site is updated and does not contain errors or inaccuracies, Vincent D'Amérique makes no representation or warranty, or certifies the absence of errors or absolute accuracy of its content, at any moment or at any time whatsoever.
APPLICABLE LAWS
Vincent D'Amérique manages this website from its offices located in Québec, Canada. You agree that all matters relating to the access of this website, its use or purchases made are to be governed by the laws of the Province of Québec and the laws of Canada applicable therein and they must be interpreted in accordance with these laws.
SETTLEMENT DISPUTES
You agree that any dispute between you and Vincent D'Amérique regarding these modalities and operations contained herein shall be submitted to the competent court of the judicial district of Laval, Province of Quebec.
PARTIAL DISABILITY OF THE AGREEMENT
If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision will be removed from the remainder of these Terms of Use and shall not affect the validity and enforceability of the other stipulations.
FULL AGREEMENT
The present modalities, including (a) the terms related to online shopping (below), (b) the acceptable use policy (see below) and (c) the privacy policy of Vincent D'Amérique constitute the entire agreement between you and Vincent D'Amérique regarding the use of this website.
MODIFICATION OF THE TERMS
Vincent D'Amérique may change these terms from time to time, for any reason, by posting the amended terms on this website. Please review these terms from time to time to take notice of any changes. If you continue to use this website following the posting of the new conditions, you will be deemed to have accepted the changes.
WEBSITE CONTENT
The entire content of the site, including but not limited to text, design, graphics, drawings, photographs, email addresses, pictures, video, code and software, as well as organization and presentation of this content (collectively, the "Content" below), are subject to all proprietary rights provided by the intellectual property laws, including (without limitation) copyright and trademarks.
You acknowledge and agree that the right and title related to these rights are retained by Vincent D'Amérique. You are authorized to view and download a single copy of the content and print pages of this site for lawful purposes, personal and non-commercial use, provided that such copies clearly evidence the copyright and all other notice of copyright rights of Vincent D'Amérique. Any other copying of this website in whole or in part is prohibited without the express written permission of Vincent D'Amérique.
You agree not to distribute the content of the site for any purpose whatsoever, including (without limitation) the creation of an internal database; redistribution or reproduction of content through the press or media or through any commercial network, cable or satellite; create derivative content materials; retro design, adaptation, translation, transmission, reorganization, modification, reproduction, publication or providing to any person the content; or any other direct or indirect use of the content, in whole or in part in any form or by any means whatsoever. You must not authorize, allow or do anything that would infringe or otherwise prejudice the intellectual property rights of Vincent D'Amérique, nor permit any third party to access the content. Restrictions contained in the present conditions do not apply only to the extent that they are prohibited by an applicable law.
LINKS TO THIRD PARTY WEBSITES
This site may contain links to other sites. These are independent from this website and Vincent D'Amérique. Vincent D'Amérique has no control over the content of such other sites and disclaims any liability in this regard. Providing a link to such sites does not constitute an endorsement of these sites by Vincent D'Amérique. Vincent D'Amérique is not responsible for the web streaming content or any other form of transmission received from any third party website, or the fact that the website of a third party does not work properly. Any transaction made between you and the third party are made directly with the third party and Vincent D'Amérique cannot be held responsible for losses or damages as a result of this transaction. If you choose to click on a link to the website of a third party, you do so entirely at your own risk.
DISCLAIMER
The use (or inability to use) this website and its content is made at your own risk. You agree that your sole remedy for any problem is to stop using this website.
To the fullest extent permitted by applicable law, Vincent D'Amérique and any of its directors, officers, employees, agents and representatives and their respective successors and assigns cannot be held liable for any losses or damages arising from access to this site, at any site linked to it or the content of the site, even if such losses or damages are due to a warranty, contract, tort (including negligence), absolute liability, product liability or any other theory of liability, including (without limitation) liability for any direct, indirect, special, punitive, incidental or consequential damages.
Vincent D'Amérique is not responsible for any messages or mail received late, lost, incomplete, illegible, misdirected or stolen, unavailable network connections, electronic transmissions failed, incomplete, garbled, or delayed, on-line failures, malfunction or disruption of computer hardware, software or any other technical aspect, or any other communications failures or embarrassing circumstances, disrupting or corrupting communications.
Vincent D'Amérique declines liability and cannot be held responsible for any damage or viruses affecting your computer equipment or other property due to the access to this site, the use of this site or downloading of materials , data, text, image, video or audio from this site.
This section shall survive the termination or expiration of this agreement.
COMPENSATION
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless, to the fullest extent permitted by law, Vincent D'Amérique, and each of their directors, officers, employees, agents and representatives, regarding any claims, liabilities, losses, damages, expenses and costs arising out of your use of this site or violation of these Terms.
CONDITIONS RELATED TO ONLINE SHOPPING
All orders and purchases made through this website are subject to the following conditions.
You agree to pay all charges noted herein. All prices quoted in this website are in Canadian dollars and all charges will be processed in Canadian dollars.
ERRORS FROM VINCENT D'AMÉRIQUE
Although Vincent D'Amérique takes great care to ensure that its advertising material is accurate, it may contain errors and / or inaccuracies. Vincent D'Amérique may correct errors or inaccuracies and change or update the information contained in this website at any time and without notice, including the prices and availability of items.
PRICES
Items offered on this site, and their prices are not necessarily identical to those available in Vincent D'Amérique stores. All prices are in Canadian dollars and all product orders are processed in Canadian dollars. Unless otherwise noted, prices do not include shipping and nor applicable federal and provincial sales tax, which will be shown separately in the order confirmation for each order, as the case may be.
Although Vincent D'Amérique strives to provide accurate information on the products and prices, there is still a risk of error. Thus, all prices listed on this website are subject to confirmation. Vincent D'Amérique will notify you by email within 2 working days of your order if the price of an item you have selected differs from the one listed on the website or on your purchase order. If you do not receive such email within 2 working days of placing your order, you can consider Vincent D'Amérique has confirmed the price of your purchase. If a message is to be sent to you, the transaction will be automatically canceled unless you confirm by email your intention to buy the item at the new confirmed price.
CANCELLATION
Vincent D'Amérique reserves the right, at its sole discretion to limit quantities, terminate accounts and to refuse or cancel an order, including after an order has been placed, regardless of whether or not it has been confirmed or accepted or charged to your credit card. If your order is canceled after your payment has been processed, the company will reimburse you in full.
TERMS OF PAYMENT
The terms of payment for products purchased through this website are determined at the sole discretion of Vincent D'Amérique. Payment is made by credit card unless the company has accepted another method of payment in advance. Payments by credit card are subject to the approval of the financial institution that issued the credit card.
USE RESTRICTION FOR MINORS
This website is solely intended for adults. If you are using this site to buy products, you represent that you are of legal age to enter into an agreement to purchase through this website and be bound by the terms of this agreement. If you are not of age in your country and/or state and/or province of residence, your parent or guardian should use this website on your behalf.
RESTRICTIONS ON ITEMS THAT CAN BE PURCHASED
The goods you buy should only be used for lawful and non commercial purposes. Any other use is prohibited.
If an item for sale on the website is no longer part of the inventory of Vincent D'Amérique, a message notifying the customer of the situation appears on the site. When Vincent D'Amérique expects to receive additional inventory, the message "Temporarily out of stock" will appear on the site. In cases where Vincent D'Amérique will not receive other inventories of a given article, the message "Sold Out" appears on the site. Out of stock items will be removed from the site within seven days of the publication of the message.
SHIPPING
Vincent d’Amérique will ship the products you ordered according to delivery method you have chosen and to the address indicated in the order confirmation. The delivery delays provided at time of order are estimates only. Vincent D'Amérique will use all commercially reasonable efforts to deliver the goods as soon as possible and within the specified delays. However, Vincent d’Amérique cannot be held responsible for delays in delivery out of its will. Where delivery is delayed, Vincent D'Amérique will notify you as soon as possible.
RETURNS
All product returns are subject to the Return Policy of Vincent D'Amérique, which can read by clicking here.
POLICY ON USE OF YOUR REVIEWS, COMMENTS AND COMMUNICATIONS
Any form of authorized or prohibited use of this website, including feedback, comments and communications, is governed by the following acceptable use policy:
REPRESENTATIONS AND WARRANTIES
You understand that except for advertising programs offered by Vincent D'Amérique and its website, this site is available for your personal and non-commercial use only. By submitting any content to Vincent D'Amérique, directly or through its website, you represent and warrant that:
- you are the sole author and owner of the intellectual property rights of such content;
- you voluntarily agree to waive all "moral rights" that you may have about this content;
- any content that you post is accurate;
- you are aged 13 or older; and
- use of the content you supply does not violate this Acceptable Use Policy and will not cause injury to any person or entity.
In addition, you represent and warrant that you shall not submit any content:
- you know false, inaccurate or misleading;
- that violates a third party intellectual property rights, including copyright, patents, trademarks, trade secret and other proprietary, advertising and compliance with the privacy rights;
- that violates any law, ordinance or regulation [including (without limitation) those governing export control, consumer protection, unfair competition, discrimination and false advertising];
- who is or may reasonably be regarded as defamatory, hateful, obscene, discriminatory or offensive, unlawfully threatening or harassing to any individual, company or legal person;
- for which you were compensated or granted any consideration by any third party;
- includes information that refers to other websites, addresses, email addresses, contact information or phone numbers;
- that contains a virus, worm or other computer programs or files potentially harmful; or
- that contains advertising or references to other products, offers or websites.
OWNERSHIP OF CONTENT
Whenever you send content to Vincent D'Amérique, you grant Vincent D'Amérique a perpetual, irrevocable, royalty-free, transferable license to use, reproduce, modify, delete entirely, adapt, publish, translate, sell, distribute such content and / or create derivative works of such content and / or incorporate such content into any form, medium or technology throughout the world without compensation for you.
Vincent D'Amérique can use all the content you submit through the website Vincent D'Amérique at its sole discretion. Vincent D'Amérique reserves the right to edit, condense or delete any content found on its website if it believes, in its sole discretion, that it contravenes to any of the provisions of this Acceptable Use Policy. Vincent D'Amérique guarantees no recourse to edit or delete any content that you have sent it. The ratings/reviews and written comments are generally posted within two to four business days. However, Vincent D'Amérique reserves the right to remove or refuse any submission for any reason. You acknowledge being responsible for the content you submit, rather than Vincent D'Amérique. No content that you submit shall be subject to an obligation of confidentiality with respect to Vincent D'Amérique, its agents, subsidiaries, affiliates, partners or third party service providers, as well as their directors, officers and employees .
PRIVACY POLICY
By submitting personal information (as defined in the Policy protecting the privacy of Vincent D'Amérique) as part of your use of the comment features and/or communications available on the website of Vincent D'Amérique, you agree that Vincent D’Amérique can use that personal information in accordance with its privacy policy.
SECURITY
Vincent D'Amérique uses a secure payment gateway.
SUSPENSION OR TERMINATION
If it is determined by Vincent D'Amérique, at its sole discretion, that you are infringing to one or more of the provisions of this Acceptable Use Policy, Vincent D'Amérique can suspend or terminate your use of the website Vincent D'Amérique or your access to this site without giving you notice. Vincent D'Amérique reserves the right to take such action at any time, as it deems necessary in its sole discretion, to prevent any violation, and Vincent D'Amérique cannot be held liable for damages of any nature whatsoever which may be suffered by you or any third party regarding the exercise by Vincent D'Amérique of such rights under this Acceptable Use Policy.
REPORTING DEFAMATION
If you are aware of any malicious use of the website, including defamatory behavior of any person, you must report to it to Vincent D'Amérique. Contact us.
THIRD PARTY WEBSITES
If you decide to send feedback, comments, reviews to a third party’s website or to integrate to the website Vincent D'Amérique, links to other sites, it does not mean that Vincent D’Amérique sponsors or endorses the trademarks, trade names, service marks, concept, logo, symbol or other material protected by copyright or any affiliated rights with them.
COMMENTS
If you would like to share your comments on the product assortments, pricings, ordering process, delivery service or any other matter related to customer service, please contact us directly.