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Terms and conditions
TERMS OF USE
Last Update: 05-11-2020
1. Introduction
This website at boutique.cliniqueoptobelanger.com (the “Site”) is owned and operated by the operator of the website from which this Site is accessible (collectively, “Operator” "we", “us” or “our”). Unless otherwise specified on the Site or herein, the Site is accessible to any user (collectively, “User”, “Customer”, "you" or "your"). These Terms of Use (the “Agreement”) are the only terms which govern the sale of the products offered within the Site (the “Products”). BY USING THIS SITE, AS A USER, YOU CONFIRM THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM AND BY THE PROVISIONS OF OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH ANY TERM HEREIN, PLEASE DISCONTINUE IMMEDIATELY YOUR ACCESS TO AND USE OF THIS SITE.
2. Registration and Passwords
To access certain portions of the Site, you may be asked to complete an online registration form.
In consideration for your use of this Site, you agree to provide true, current, complete and accurate information as requested on any registration form to which this Site may direct you, and to update that registration information as soon as possible after any information on such registration form changes.
As part of the registration process, you may be asked to provide a user name or password. You alone are responsible for keeping that password and user name confidential, and for any and all activity that occurs on this Site under such password or user name. You agree to immediately notify the Operator of any unauthorized use of your password or user name or any other breach of security.
3. Ordering Process
BY PLACING AN ORDER, YOU CONFIRM AND CERTIFY THAT YOU HAVE REACHED THE AGE OF MAJORITY.
To place an order, please:
i) Select the Products you want to order on the Site;
ii) Add them to your virtual basket;
iii) Provide the personal information necessary to create your account;
iv) Check all the selected Products;
v) Prior to your payment, acknowledge having read and accept the provisions of the Agreement in their entirety and of the Privacy Policy; and
vi) Proceed to payment of the total amount of your order.
Operator reserves the right to refuse to process an order for a Product with a prescription, if such prescription has expired at the time of the order.
4. Validation of Payment for the Order
The order is not final until the payment of the total amount by the Customer is validated. The validation of the payment of the order by the Customer, is equivalent to an express and unconditional acceptance of the provisions of this the Agreement and of the Privacy Policy.
Operator will confirm the Customer's order by email, within a period of up to 48 hours from the validation of payment by the Customer. All the data provided by the Customer from the transmission of the order, to the confirmation of the registration of the order by Operator will be the proof of the transaction.
5. Prices
The prices presented on the Site are indicated in Canadian dollars (CA$) before taxes. Operator reserves the right to modify the prices of the Products sold on the Site, at any time and without notice, provided that the price of a Product sold on the Site to the Customer is the one displayed on the Site on the day of validation of payment of the order by the Customer.
The prices of the Products displayed on the Site do not include shipping fees.
6. Product Color
The Product colors presented on the Site have been reproduced as accurately as possible, however the color displayed may vary slightly from the actual Product. Operator does not guarantee that the color seen by the Customer on the Site will correspond exactly to the actual color of the delivered Product. The packaging of a Product delivered to the Customer may be different from the packaging image of the Product on the Site at the time of the order.
7. Sales Taxes
Applicable provincial and federal taxes, when applicable, are indicated at the time of payment by the Customer. Sales taxes are calculated according to applicable provincial and federal laws, as well as the rates applicable to your order. Where required by law, shipping costs are also taxable.
8. Payment Terms
The order delivered to the Customer's home or to the address indicated by the Customer during the ordering process is payable at the time of the order, by Visa or Mastercard credit cards. Payment by check is not accepted, neither credit vouchers, nor international credit cards.
Operator uses a secure payment application, which incorporates the SSL security standard. When paying by credit card, your confidential information, such as your card number and expiration date, are encrypted. Your credit card information is not stored on any of Operator’s server. They are transmitted directly to the server of the secure payment application, which is itself connected to the servers of the various banks.
The credit card used for the transaction will be charged with the full amount of the order at the date of the order confirmation by Operator. An invoice will be sent by email to the Customer.
IMPORTANT NOTES:
* The billing address (name, address and postal code) indicated when ordering must correspond to that of the credit card holder, in order to verify the authenticity of the transaction and payment; and
* A valid phone number and email address is required in order to contact you if necessary for additional information related to your order.
9. Unavailability of Products
If any Product ordered is no longer available, the Customer will be informed by email and reimbursed within ten (10) days.
10. Warranty
Operator guarantees that the Products sold on the Site comply with all applicable guaranties of the manufacturer as provided under provincial or federal laws.
11. Delivery
Shipping fees vary depending upon your delivery address and order amount. Deliveries to PO boxes are not allowed.
The Products are intended for delivery to Canadian adresses only. Delivery is provided by Canada Post and is made to the address indicated during the ordering process. The home delivery offer applies only to the Canada Post Parcel service. The program may be subject to other restrictions.
Delivery time is between five (5) to fifteen (15) working days, after confirmation of the order by our team. Delivery time may vary upon the address provided at the time of the order. Depending on the Products ordered, they may be delivered in several boxes and on different days.
Operator reserves the right to modify, at any time, the conditions for a free delivery.
12. Return Policy
The Operator’s return policy applies. If you have any questions regarding the return of a Product ordered, please contact the Operator.
13. Viruses and Technical Failures
Operator does not guarantee that the content of this Site is free from malware , viruses, worms, Trojans and / or other codes having contaminating or destructive properties. It is the responsibility of the User to take any and all adequate protective measures.
Operator declines any responsibility in the event of interruption or unavailability of this Site. Operator cannot be held responsible for any errors in data transmission, such as loss or deterioration of data or modification of any kind whatsoever.
14. Trademarks
All trademarks, logos and trade names displayed on this Site (collectively, the "Trademarks") are registered or unregistered Trademarks of Operator and/or Optometric Services Inc. and/or their licensor, and may not be used unless authorized in writing by the Trademark’s owner. ALL RIGHTS RESERVED. Nothing contained in this Site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use, reproduce or download any Trademark without the express written permission of Trademark’s owner.
15. Disclaimers of Warranties
15.1 TO THE EXTENT PERMITTED BY LAW, THIS SITE AND SERVICES THEREON ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. OPERATOR MAKES NO WARRANTY THAT: (A) THIS SITE OR ITS SERVICES WILL MEET YOUR REQUIREMENTS; (B) THIS SITE OR ITS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THIS SITE OR THE SERVERS THAT MAKES SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFULL COMPONENTS; (D) YOUR USE OF THIS SITE OR SERVICES WILL ACHIEVE ANY PARTICULAR RESULT; OR (E) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THIS SITE (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY RESOURCES AND THIRD PARTY MATERIALS) WILL COMPLY WITH ANY LAW OR MEET YOUR REQUIREMENTS.
15.2 THE DISCLAIMERS OF WARRANTIES CONTAINED IN THIS SECTION ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THIS SITE TO YOU.
15.3 IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS SECTION, PLEASE DISCONTINUE IMMEDIATELY YOUR ACCESS TO AND USE OF THIS SITE AND DO NOT USE THIS SITE ANYMORE.
16. Limitation of Liability
16.1. EXCEPT AS SET FORTH BELOW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL OPERATOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE'VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), THAT ARISE OUT OF OR IN CONNECTION WITH: (A) THE USE OR INABILITY TO USE THIS SITE OR SERVICES THEREON; (B) ANY INFORMATION , SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (D) ANY OTHER MATTER RELATING TO THE SERVICE OR ANY THIRD PARTY RESOURCES OR MATERIALS.
16.2. YOUR USE OF THIS SITE AND SERVICES IS AT YOUR SOLE RISK AND UNDER YOUR EXCLUSIVE RESPONSABILITY. ANY MATERIAL DOWNLOADED AND ANY MATERIAL, PRODUCT, OR SERVICE OBTAINED THROUGH THE USE OF THIS SITE (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY RESOURCES AND THIRD PARTY MATERIALS) IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OF DATA AND DAMAGE TO YOUR COMPUTER SYSTEM AND ANY OTHER ITEM THAT RESULTS FROM THE USE OF THIS SITE.
16.3. IN NO EVENT SHALL OPERATOR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO OPERATOR FOR YOUR ORDER OR FOR ANY OF YOUR ACTIVITIES ON THIS SITE.
16.4. THE LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THIS SITE TO YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS SECTION, PLEASE DISCONTINUE IMMEDIATELY YOUR ACCESS TO AND USE OF THIS SITE AND DO NOT USE THIS SITE ANYMORE.
17. Modifications
Operator reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. Further, Operator reserves the right to change these Terms of Use at any time and to notify you by posting an updated version of the Terms of Use on this Site. You are responsible for regularly reviewing the Terms of Use, including, without limitation, by checking the date of "Last Update" at the top of this document. Continued use of the Site after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the Site constituting consideration from Operator to you for so being bound. Your only right with respect to any dissatisfaction with (i) these Terms of Use (ii) any policy or practice of ours in operating the Site or (iii) any content available through the Site, is to stop visiting and using the site.
18. Entire Agreement and Commitment
This Agreement comprises the entire agreement between you and Operator and supersedes all prior agreements, representations and statements between you and Operator regarding the subject matter of this Agreement. BY USING THIS SITE, YOU CONFIRM THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM AND BY THE PROVISIONS OF OUR PRIVACY POLICY.
19. Jurisdiction
This Agreement is framed and interpreted according to the laws of Quebec and the laws of Canada, as applicable. Any litigation resulting from this Agreement will be brought before the court of the judicial district of the head office of Services Optométriques Inc., namely: 4 place du Commerce, Suite 200, Montréal QC H3E 1J4.