CONSUMER CUSTOMER Article 1 – GENERAL PROVISIONS – SCOPE 1.1 These General Terms and Conditions of Sale ("the GTC") of incorporation 9437-0954 Quebec Inc., (hereinafter referred to as "the Company"), founded under the laws of Canada, having its registered office at 250 rue des lilas, Trois-Rivières, G8V 1S4, QC, Canada, represented in Canada by its manager, 9437-0954 Québec Inc., determine the rights and obligations of the parties in the context of online sales of Products offered by the company. 1.2 Any Order placed on the KAUKA SMILE website implies the prior and unrestricted acceptance of these general terms and conditions of sale, which are subject to the applicable civil law in the province of Quebec and the applicable federal law in Quebec. These GTC are therefore an integral part of the Contract between the Customer and the Company. They are fully enforceable against the Customer who declares having read and accepted them, without restriction or reservation, before placing the Order. 1.3 These GTC apply to any Order placed by a natural person acting as a consumer (hereinafter referred to as "the Customer"). The Customer therefore certifies that he/she is a natural person over the age of 18, acting for purposes that do not fall within the scope of commercial, industrial, artisanal, liberal, or agricultural activity. He/she acknowledges having full capacity to commit when placing an Order and undertakes to provide truthful information regarding his/her identity. 1.4 The GTC applicable to each Order are those in force on the date of payment (or the first payment in the case of multiple payments) of the order. The Company reserves the right to modify these GTC at any time by publishing a new version on its website. These GTC can be consulted on the Company's website at the following address: kaukasmile.com or any other website of the Company (hereinafter referred to as "the website" or "the websites" as appropriate).
Article 2 – CONCLUSION OF THE ONLINE CONTRACT 2.1. Order placement process To purchase one or more Products on the website, the Customer selects each Product and adds it to his/her cart. Once the selection is complete, he/she must confirm his/her cart to proceed to the Order (1st click). At this stage, the Customer is redirected to a page containing: A summary of the selected Products, the corresponding prices, the terms, and delivery charges. It is then up to him/her to check and, if necessary, correct the contents of his/her cart. He/she must carefully read these GTC before validating the entire Order. The validation of the Order after verifying the cart and reading the GTC (2nd click) constitutes the conclusion of the Contract, and the Customer acknowledges that the 2nd click entails an obligation to pay on his/her part. The Customer is then redirected to the payment page. He/she can choose between the various payment methods offered and proceed to payment for his/her Order. After validating his/her Order and making the payment, the customer receives a confirmation message from the company at the email address provided. This message contains, The summary of his/her order (selected Product, prices, terms, and delivery charges); The Order number; The terms, conditions, and withdrawal form; These GTC. If the Order confirmation is not received, it is recommended that the Customer contact the Company or its manager via the contact form on the website. The Customer then receives an electronic purchase invoice, which the Customer expressly accepts. It is strongly recommended that the Customer retain this confirmation message and the purchase invoice, which is also transmitted electronically since these documents can be used as evidence of the Contract.
2.2 Cases of refusal to validate the Order by the Company The Company reserves the right to refuse your Order for any legitimate reason, including: Order not in compliance with the GTC; Quantities ordered not corresponding to normal use by a consumer customer; Non-payment of a previous Order or ongoing dispute regarding a previous Order; Suspicion of fraud on the Order (supported by a concordant set of indicators). Article 3 - PRODUCT SPECIFICATIONS AND AVAILABILITY 3.1 Product specifications The essential characteristics of the goods and their respective prices are made available to the Customer on the Company's websites, as well as, if applicable, information on the use of the product. The Specifications are presented in detail and in the French language. The Parties agree that the illustrations, videos, or photos of the Products offered for sale have contractual value. The validity period of the offer of the Products as well as their prices are specified on the Company's websites. 3.2 Product Availability Product offers are valid while stocks last from our suppliers. This product availability is normally indicated on the specific product page. However, since the Company does not reserve stock (except in special cases of Products indicated for pre-order on the Product sheet), adding a Product to the cart does not guarantee absolutely the availability of the Product as well as its price. In the event that a Product becomes unavailable after the validation of the Customer's Order, the Company will immediately inform him/her by email. The Order will be automatically canceled, and the Company will refund the price of the initially ordered Product, as well as any amount paid for the Order. However, if the Order contains other Products than the one that became unavailable, they will be delivered to the Customer, and the delivery charges will not be refunded.
Article 4 – PRICES OF THE PRODUCTS 4.1 Reference prices indicated on the websites The reference price of the Products offered on the website is the suggested retail price by the brand, manufacturer, or its official representative. Failing that, it is a price determined based on the prices at which the Product is commonly sold in a panel of distributing stores. This price is updated as soon as the brand, manufacturer, or its official representative communicates a new recommended price for the Product or as soon as the price practiced within the panel of stores is modified. 4.2 Modification of prices indicated on the websites The prices of the Products are indicated on the Product description pages. They are indicated excluding tax, customs duties, and shipping costs. The Company reserves the right to modify the prices of the Products at any time, in compliance with applicable legislation. The Products ordered will be invoiced based on the price in effect on the website at the time of Order validation. 4.3 Product prices As many Products are imported from abroad (outside the Canadian territory) at the request of Customers, the prices of Products sold through the websites are indicated in US Dollars, excluding taxes (excluding GST and QST in Canada, excluding VAT in the European Union, and excluding customs duties) unless otherwise stated. They are precisely determined on the Product description pages. They are also indicated in US Dollars, excluding tax (excluding GST and QST in Canada, excluding VAT in the European Union, and excluding customs duties), unless otherwise stated, on the Product order page, and excluding specific shipping costs. The prices of the Products do not include VAT, GST, or QST on import, import taxes or customs duties, which must be paid in addition and will be entirely borne by the Customer, who is responsible for these taxes as the recipient of the Product. The prices of the Product(s) do not include packaging, conditioning, shipping, transportation, insurance, and delivery costs of the Product(s), which are invoiced in addition and are indicated before the validation of the Order. The amount of these costs depends on the delivery address, the volume, and weight of the Products ordered. The Company reserves the right to modify its prices at any time but undertakes to apply the prices in effect indicated on the website at the time of Order validation.
Product Pricing and Payment of Taxes
The prices of the Product(s) do not include packaging, conditioning, shipping, transportation, insurance, and delivery costs of the Product(s) to the delivery address.
Payment of Taxes The Client is solely responsible for declaring and paying VAT, and/or GST and QST upon importation during the clearance of the Product. They may be required to pay VAT and/or GST and QST upon importation. Since this tax is not the responsibility of the Company, it cannot be held accountable for refunding this tax. For all products shipped outside the European Union and/or Overseas Departments and Territories (DOM-TOM), the price is automatically calculated excluding taxes on the invoice. Customs duties or other local taxes or import duties or state taxes may be applicable in certain cases. The Company has no control over these duties and amounts. They are the responsibility of the Client and fall under their responsibility (declarations, payment to the competent authorities, etc.). The Company, therefore, advises the Client to inquire about these aspects with the corresponding local authorities.
Article 5 – PAYMENT OF PRODUCT PRICES
5.1 Timing of Payment Payment of the total price of the Order must be made immediately after validation of the Order. The Company may, exceptionally, allow payment in installments, particularly considering the amount to be paid and the knowledge it has of the concerned Client. However, the Company is not obliged to grant such payment terms. In case of special circumstances, the Client may request this by contacting the Company's Customer Service at the following address: kaukasmile@gmail.com.
5.2 Payment Methods To pay for their Order, the Client can choose between different payment methods: Payment by credit card: Only international credit cards (Visa, MasterCard, American Express) are accepted. The Client guarantees the Company and its manager that they have the necessary authorizations to pay with the credit card used. They expressly acknowledge that the commitment to pay given by card is irrevocable and that the communication of their credit card number authorizes the debit of their account up to the total amount corresponding to the Products ordered. The amount will be debited at the time of Order validation. Credit card payments are made through a secure payment platform, and the information on the credit cards communicated benefits from SSL encryption. Payment via Paypal: Payment by Paypal is accepted up to a limit of $1,000.00. It is emphasized that in the case of using this payment method, the General Terms of Use of Paypal, which are available on its website, are added to these T&C. Payment by vouchers and/or promo codes: Vouchers and/or promotional codes issued by the Company can be used to pay all or part of the Order. These vouchers and/or promotional codes are valid only once. In case of attempted fraudulent use of vouchers and/or promotional codes, the Company may cancel the Order outright. In general, in case of refusal of payment authorization by officially accredited bodies or in case of non-payment of the Order, the Company reserves the right to suspend and/or cancel the said Order. The Company reserves the right to suspend any payment method at any time, especially if a payment service provider no longer offers the service used or in case of a dispute with a Client regarding a previous Order. The Company reserves the possibility of implementing an Order verification procedure to ensure that no one uses the bank details of another person without their knowledge. As part of this verification, the Client may be asked to send by email or by post to the Company a copy of an identity document, proof of address, and a copy of the credit card used for payment. Specific instructions on the exact content of the information requested (to preserve the confidentiality of their data) will be communicated to the Client in case of verification. The order will be validated only after receipt and verification of the documents sent.
Article 6 - DELIVERY – CLEARANCE – RECEIPT
6.1 Delivery Our logistics service ships orders within 48 hours after receiving your full payment. However, the logistics service reserves the right to extend this period during sales or periods of high order volume. Packages can be tracked at any time via the "track my package" page on the Canada Post website (for all Canadian orders) or on the track17.net website (for all European orders). In the case of delivery without a signature, we disclaim any responsibility for any loss, disappearance, or theft of the package. If, due to an error by our services, your items are not delivered within 60 business days, you will be fully refunded or the items will be resent to you at your convenience. Products are offered for sale until stocks are depleted. In case of restocking of the ordered product(s), delivery times may be extended by 8 to 20 business days.
6.2 Clearance Upon purchase, the Client buys the product tax-free and becomes the importer of the purchased product as the recipient of the Product. They are therefore particularly responsible for the import and clearance processes of the product with local customs offices. Depending on the price of their order, they may be required to pay customs duties (for Products with a customs value exceeding $150.00). The Client is solely responsible for the declaration of customs duties during the clearance of the Product. These customs duties, which are not billed to the Client by the Company, are not the responsibility of the Company. Therefore, the latter cannot be held responsible for the refund of these duties.
6.3 Receipt Upon receipt of the Product, the Client agrees to verify that the Product is complete and undamaged. In case of noticing an anomaly, the Client must contact the Company's Customer Service at kaukasmile@gmail.com within three days (excluding holidays) following the receipt date of the Product. Any claims submitted after the deadline cannot be processed.
Article 7 – WITHDRAWAL
7.1 Principle and Deadline The Client has the right to withdraw, without giving any reason, within a period of 14 days from the order. In the case of ordering multiple products, the period starts from the receipt of the last Product. In the event of exercising the right of withdrawal within the aforementioned period, the price of the purchased Product(s) and the shipping costs will be refunded, with return costs remaining the responsibility of the Client.
7.2 Exclusions
This right of withdrawal cannot be exercised for the following contracts:
Supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
Supply of goods made to the consumer's specifications or clearly personalized;
Supply of goods liable to deteriorate or expire rapidly;
Supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed by the consumer after delivery;
Supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
Supply of a newspaper, periodical, or magazine, except for subscription contracts to these publications;
Concluded at a public auction;
Article 8 - WARRANTIES
8.1 Legal Warranties
The Company remains liable for non-compliance defects of the goods as well as hidden defects of the goods sold.
When acting within the framework of the legal conformity warranty, the Consumer Client:
8.2 Manufacturer's Warranty
Certain Products sold on the Site benefit from a contractual warranty granted by the supplier or manufacturer of the Product, to which the Company is not directly a party.
The existence of this type of warranty is mentioned, if applicable, on the specific Product page.
If the Client wishes to avail of this warranty, it is necessary for them to notify the Company through contact with Customer Service and to consult the terms of application of the warranty themselves, which are generally included in the box containing the Product.
It is reminded that the benefit of the Manufacturer's Warranty does not preclude the application of legal provisions concerning the legal conformity warranty and the legal warranty for hidden defects.
Article 9 - PROTECTION OF PERSONAL DATA
As part of the commercial relationship, the Company, as data controller, collects a certain number of mandatory personal data (including, in particular, name, first name, delivery address, etc., which are marked with an asterisk) which are absolutely necessary for the processing of the Order, management of the commercial relationship, realization of statistics, and compliance with the Company's legal and regulatory obligations. They are kept for 5 years from the end of the Contract.
Failure by the Client to provide this information would result in the impossibility of processing their Order.
This data is intended for internal use by the Company, its manager, and their related entities but may be transmitted to companies that contribute to the management of the Company's sales, marketing of the Company's products, and the execution of its service, including those that ensure the delivery of the Products or ensure payment processing.
By accepting these T&C, the Client agrees that the Company, its manager, and their related entities may use the Client's Personal Information to send communications or data related to the Company, the manager, and their related entities, including, but not limited to: (i) notices regarding products requested by the Client, including purchase conditions; (ii) updates; (iii) information or documents about transactions; (iv) products and/or services purchased or selected by the Client or with which they have established a link using the Site. Additionally, the Client agrees to receive these messages via email, text messages, and/or social media.
It should be noted that some of these emails may be more "commercial" in nature than others as they may announce an element of the Company, its manager, their related entities, or some of the products or services of the Company, its manager, and their related entities that, according to them, may interest the Client. They may also relate to a campaign or promotion of the Company, its manager, their related entities, a partner of the Company, its manager, their related entities, or another third party. The Client will have the option to refuse to receive these commercial emails by following the instructions provided by the Company.
Article 10 - INTELLECTUAL PROPERTY RIGHTS
Unless otherwise specifically stated on a Product page, sales of Products on the site do not entail any transfer of intellectual property rights over the Products sold.
Trademarks, domain names, products, software, images, videos, texts, or more generally any information subject to intellectual property rights are and remain the exclusive property of the Company or their original owner. No transfer of intellectual property rights is made through these T&C.
Article 11 - FORCE MAJEURE
The Company cannot be held responsible for non-performance of its obligations under these T&C in the event of unforeseen circumstances or force majeure preventing their performance. The Company will notify the client of the occurrence of such an event as soon as possible.
Article 12 - DISCLAIMER OF LIABILITY
Notwithstanding any contrary provisions stated herein, the Company shall not be liable in any event for losses or damages due to inappropriate use of the Product(s) by the Client, including unauthorized modification or alteration of the Product(s) by the Company.
The Client agrees that neither the Company nor any of its service providers, managers, or related companies shall be liable for any claims or losses whatsoever, including indirect, consequential, special, or punitive losses.
Notwithstanding any other provisions of these T&C, if the Company or its manager is found liable to the Client for any damage or loss arising from or related in any way to the use of the Site, any Content, or any product sold, the liability of the Company and its manager shall in no event exceed the higher of (1) the price paid for the product purchased by the Client, or (2) $100.00 USD.
Article 13 - SUSPENSION – TERMINATION OF ACCOUNT
The Company reserves the right to suspend or terminate the account of a Client who violates the provisions of the T&C, or generally applicable legal provisions, without prejudice to any damages that the Company may seek.
Any person whose account has been suspended or closed may not subsequently place orders or create a new account on the Site without prior authorization from the Company.
Article 14 –
Article 15 - NULLITY AND AMENDMENT OF T&C
If any provision of these T&C is null, it shall be deemed unwritten, but shall not invalidate all contractual provisions.
Any tolerance by the Company in the application of all or part of the commitments made under these T&C, regardless of the frequency and duration thereof, shall not constitute a modification of the T&C, nor generate any rights for the Client.
Article 16 – APPLICABLE LAW AND DISPUTE RESOLUTION
These T&C are subject to the civil law applicable in the province of Quebec and the federal law of Canada applicable in Quebec.
In the event of any difficulty, Customer Service at kaukasmile@gmail.com is at your disposal to find an amicable solution.
It is up to him to read these T&Cs carefully before validating the entire Order.
After having validated his Order and made his payment, the customer receives, on the email address he has communicated a confirmation message from the company. This message contains,
The summary of his order (Selected Products, prices, terms and delivery costs);
The Order number;
The terms, conditions and the withdrawal form;
These T&Cs.
In the event of non-receipt of the confirmation of the Order, it is recommended that the Customer contact the Company or its manager via the contact form on the site
The Customer is strongly advised to keep this confirmation message and the purchase invoice which is also transmitted to it in electronic format since these documents can be produced as proof of the Contract.
2.2 Case of refusal of validation of the Order by the Company
The Company reserves the right to refuse your Order for any legitimate reason, including for example:
Order not in accordance with the GCS;
Quantities ordered not corresponding to a normal use by a consumer Customer;
Non-payment of a previous Order or ongoing dispute concerning a previous Order;
Suspicion of fraud on the Order (supported by a body of consistent evidence).
Article 3 - SPECIFICATIONS AND AVAILABILITY OF PRODUCTS
3.1 Product Specifications
The essential characteristics of the goods and their respective prices are made available to the Customer on the Company's websites, as well as, where applicable, information on the use of the product.
The Specifications are presented in detail and in French. The Parties agree that the illustrations, videos or photos of the Products offered for sale have contractual value. The period of validity of the Product offer as well as their prices are specified on the Company's websites.
3.2 Availability of Products
Product offers are valid within the limits of available stocks from our suppliers. This availability of Products is normally indicated on the specific Product page.
However, insofar as the Company does not reserve stock (except in specific cases of Products indicated in pre-order on the Product sheet), placing a Product in the basket does not absolutely guarantee the availability of the Product and its price.
In the event that a Product becomes unavailable after validation of the Customer's Order, the Company will immediately inform him by email. The Order will be automatically canceled and the Company will refund the price of the Product initially ordered, as well as any amount paid for the Order.
However, if the Order contains other Products than the one that has become unavailable, these will be delivered to the Customer and the delivery costs will not be refunded.
Article 4 – PRICES OF THE PRODUCTS
4.1 Reference prices indicated on the sites
The reference price of the Products offered on the site is the retail price suggested by the brand, the manufacturer or its official representative. Otherwise, it is a price determined according to the prices at which the Product is commonly sold in a panel of brands distributing it. This price is updated as soon as the brand, the manufacturer or its official representative communicates a new recommended price for the Product or as soon as the price practiced within the panel of brands is modified.
4.2 Modification of the prices indicated on the sites
The prices of the Products are indicated on the Product description pages. They are indicated exclusive of tax, customs duties and shipping costs. The Company reserves the right to modify the prices of the Products at any time, in compliance with the applicable legislation.
The Products ordered will be invoiced on the basis of the price in force on the site at the time of validation of the Order
4.3 Product prices
The prices of the Products do not include import VAT, GST or QST, import taxes or customs duties, which must be paid in addition and will be fully borne by the Customer, who is liable for these taxes as the recipient of the Product.
The prices of the Product(s) do not include the costs of packaging, packaging, shipping, transport, insurance and delivery of the Product(s) to the delivery address.
4.4 Payment of taxes
The Customer is solely responsible the process of declaration and payment of VAT, and/or GST and QST on importation during customs clearance of the Product. He may be asked to pay VAT and/or GST and QST on importation. Insofar as this tax is not the responsibility of the Company, it cannot be required to reimburse this tax.
For all products shipped outside the European Union and/or DOM- TOM, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. The Company has no control over these rights and sums.
They will be charged to the Client and are his responsibility (declarations, payment to the competent authorities, etc.). The Company therefore invites the Customer to inquire about these aspects with the corresponding local authorities.
Article 5 – PAYMENT OF THE PRICE OF THE PRODUCTS
5.1 Time of payment
Payment of the full price of the Order must be made immediately after validation of the Order.
The Company may, exceptionally, grant payment in instalments, in particular with regard to the amount to be paid and the knowledge it has of the Client concerned. However, the Company has no obligation to grant such terms of payment. In the event of a particular situation, the Customer may make a request by contacting the Company's Customer Service at the following address kaukasmile@gmail.com
5.2 Methods of payment
To pay for his Order, the Customer can choose between different payment methods:
Payment by bank card:
Only international bank cards are accepted (Visa, Mastercard, American Express). The Client guarantees the Company and its manager that he has the necessary authorizations to pay with the bank card used. He expressly acknowledges that the commitment to pay given by card is irrevocable and that the communication of his bank card number constitutes authorization to debit his account up to the total amount corresponding to the Products ordered. The amount will be debited at the time of validation of the Order.
Payments by credit card are made via a secure payment platform and the information on the credit cards communicated benefits from the SSL encryption process
Payment via Paypal
Payment by Paypal is accepted up to a limit of $1,000.00.
It is emphasized that in the event of recourse to this mode of payment, the Paypal's General Terms and Conditions of Use, which are available on its website, are in addition to these T&Cs.
Payment by vouchers and/or promo codes
Vouchers and/or promotional codes issued by the Company can be used to pay for all or part of the Order. These vouchers and/or promotional codes are only valid once. In the event of an attempt to fraudulently use the purchase vouchers and/or promotional codes, the Company may proceed with the outright cancellation of the Order.
Generally, in the event of refusal of payment authorization by officially accredited bodies or in the event of non-payment of the Order, the Company reserves the right to suspend and/or cancel said Order.
The Company reserves the right to suspend any of the payment methods at any time, in particular in the event that a payment service provider no longer offers the service used or in the event of a dispute with a Client concerning a Previous Order.
The Company reserves the right to set up an Order verification procedure intended to ensure that no one uses the bank details of another person without their knowledge. As part of this verification, the Customer may be asked to send the Company by email or by post a copy of an identity document, proof of address and a copy of the bank card used for payment. . Precise indications on the exact content of the information requested (to preserve the confidentiality of his data) will be communicated to the Customer in the event of verification. The order will only be validated after receipt and verification of the documents sent.
Article 6 - DELIVERY – CUSTOMS CLEARANCE – RECEPTION
6.1 Delivery
Our logistics department ships orders within 48 hours of receipt of your full payment.
However, the logistics department reserves the right to extend this period during sales periods or when orders are very busy.
Packages can be tracked at any time via the "track my package" page, on the Canada Post website (for all Canadian orders or on the track17.net website (for all European orders ).
As part of a delivery without signature, we disclaim any responsibility for any loss, disappearance or possible theft of the package.
The products are offered for sale while stocks last.
In the event of restocking of the product(s) ( s) ordered, delivery times can be extended from 8 to 20 working days.
6.2 Customs clearance
When purchasing, the Customer purchases the duty-free product and becomes the importer of the purchased product in his capacity as recipient of the Product.
He is therefore in particular responsible for the import process and customs clearance of the product at local customs offices. Depending on the price of his order, he may be asked to pay customs duties (for Products with a customs value greater than $150.00).
The Customer is solely responsible for the process of declaring customs duties during customs clearance of the Product These customs duties, which are not invoiced to the Customer by the Company, are not the responsibility of the society. The latter cannot therefore be held liable for reimbursement of these rights.
6.3. Receipt
Upon receipt of the Product, the Customer undertakes to check that the Product is complete and that it is not damaged.
In the event of finding an anomaly, the Customer must contact the Company's Customer Service at kaukasmile@gmail.com within three days (excluding public holidays) of the date of receipt of the Product. Any complaint filed after the deadline cannot be processed
Article 7 – WITHDRAWAL
7.1 Principle and deadline
The Customer has the right to withdraw, without giving any reason, within 14 days of the order. In the event of an order for several products, the period runs from the receipt of the last Product.
In the event of exercise of the right of withdrawal within the aforementioned period, the price of the Product(s) purchased and the shipping costs will be reimbursed, the return costs remaining the responsibility of the Customer.
7.2 Exclusions
This right of withdrawal cannot be exercised for following contracts:
For the supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
Supply of goods liable to deteriorate or expire rapidly;
For the supply of goods which have been unsealed or undone by the consumer after delivery and which cannot be returned for reasons ns hygiene or health protection;
Supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
The supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
Concluded at a public auction;
Article 8 – GUARANTEES
8.1 Legal guarantees
The Company remains liable for defects in the conformity of the goods as well as for hidden defects in the goods sold.
When it acts within the framework of the legal guarantee of conformity, the Consumer Customer:
8.2 Manufacturer's Guarantee
Certain Products for sale on the Site benefit from a contractual guarantee granted by the supplier or manufacturer of the Product t, to which the Company is not a direct party.
The existence of this type of guarantee is mentioned, where applicable, on the specific Product page.
If the Customer wishes to invoke this warranty, he should notify the Company by contacting Customer Service and consult the terms and conditions for applying the warranty, which are generally inserted in the box concerning the Product.
It is recalled that the benefit of the Manufacturer's Warranty does not preclude the application of the legal provisions concerning the legal guarantee of conformity and the legal guarantee hidden defects.
Article 9 - PROTECTION OF PERSONAL DATA
In the context of the commercial relationship, the Company, responsible for processing, collects a certain number of mandatory personal data (including in particular, surname, first name, delivery address, etc. which are mentioned with an asterisk) which are absolutely necessary for the processing of the Order, the management of the commercial relationship, the production of statistics and compliance with the legal and regulatory obligations of the Company. They are kept for 5 years from the end of the Contract.
Failure for the Customer not to communicate this information would make it impossible to process his Order.
This data is intended for internal use by the Company, its manager and their related entities but may be transmitted to companies that contribute to the management of the Company's sales, the marketing of the Company's products and the execution of its service, including in particular those which ensure the delivery of the Products or ensure the processing of payments.
By accepting these GCS, the Customer agrees that the Company, its manager and their related entities may use the Personal Information of the Client in order to send him communications or data related to the Company, the manager and their related entities, including, without limitation: (i) notices concerning the products that the Client has requested, including opinions on terms of purchase; (ii) updates; (iii) information or documents about its transactions; (iv) products and/or services purchased or selected by the Customer or with which he has established a link by using the Site. In addition, the Customer agrees to receive these messages by email, text messages and/or social networks.
It should be noted that some of these emails may be of a more "commercial" nature than others because they may advertise an element of the Company, its manager, their related entities or some of the products or services of the Company, its manager and their related entities which it believes may be of interest to the Client. They may also relate to a campaign or promotion of the Company, its manager, their related entities, a partner of the Company, its manager, their related entities or another third party. The Customer will have the possibility of refusing to receive these commercial emails by following the instructions to this effect presented by the Company.
Article 10 - INTELLECTUAL PROPERTY RIGHTS
Unless otherwise specifically stated on a Product page, the sale of Products on the site does not entail any transfer of intellectual property on the Products sold.
Trademarks, domain names , products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Company or their initial owner. No transfer of intellectual property rights is made through these GCS.
Article 11 - FORCE MAJEURE
The Company cannot be held responsible for any failure to perform its obligations hereunder in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance. The Company will notify the client of the occurrence of such an event as soon as possible.
Article 12 – EXCLUSION OF LIABILITY
Notwithstanding anything to the contrary set out herein, the Company shall in no event be liable for any loss or damage due to improper use of the Product(s) by the Customer, including in particular a modification or alteration of the Product(s) not authorized by the Company
The Customer therefore agrees that neither the Company, nor any of its service providers, managers or related companies shall be liable for any claim or loss whatsoever, including indirect, consequential, special or punitive losses.
Notwithstanding the other provisions of these T&Cs, if the Company or its manager is deemed liable to the Customer for any damage or loss arising from or related in any way to the use of the Site, any Content or any product sold, the responsibility of the Company and its manager shall in no event exceed the greater of (1) the price paid for the product purchased by the Customer, or (2) $100.00 USD.
Article 13 – SUSPENSION – TERMINATION OF ACCOUNT
The Company reserves the right to suspend or terminate the account of a Customer who contravenes the provisions of the GCS, or in general the applicable legal provisions, without prejudice to any damages and interest that may be requested by the Company.
Anyone whose account has been suspended or closed may not subsequently order or create a new account on the Site, without the prior authorization of the Company.
Article 14 –
Article 15 - NULLITY AND MODIFICATION OF THE GCS
If any of the stipulations of these GCS is void, it will be deemed unwritten, but will not result in the nullity of all the contractual provisions.
Any tolerance on the part of the Company, in the applicati on of all or part of the commitments made within the framework of these T&Cs, whatever their frequency and duration may have been, cannot constitute modification of the T&Cs, nor generate any right for the Customer.
Article 16 – APPLICABLE LAW AND SETTLEMENT OF DISPUTES
These GCS are subject to the civil law applicable in the province of Quebec and Canadian federal law applicable in Quebec.
In the event of any difficulty, Customer Service at kaukasmile@gmail.com is at your disposal to find an amicable solution..