Terms of use

The present conditions of use of the site www.pygmaliart.com constitute a legal commitment and are concluded between you and Pygmaliart inc. . The following Terms of Service govern your access and use, including all content, functionality and service offered on or by ww.pygmaliart.com as well as the purchase of products on the Website.

Your use of the Website is also subject to our privacy policy available on our Website. à the " Privacy Policy » and updated from time to time in conjunction with the Terms of Service, Conditions.

BY USING OR MAKING PURCHASES THROUGH THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT ACCESS OR USE THE WEBSITE.

1. YOUR USE OF THE WEBSITE

Pygmaliart hereby grants you a non-exclusive, non-transferable and restricted right to access the Website and use the transactional platform. in accordance with these Terms. Pygmaliart reserves the right to modify the functionality of the Website. You may not access or use the Service for the purpose of substantially reproducing Pygmaliart's products or services, including the development or creation of a similar Website. If Pygmaliart is of the opinion, in its sole discretion, that you have violated or attempted to violate these Terms, your right to use and access the Service may be temporarily suspended or permanently terminated, with or without notice.

Pygmaliart reserves the right to investigate any breaches of these Conditions, to withdraw users' access to the Service and to submit files to law enforcement for a thorough investigation. We may disclose certain information to third parties in accordance with our Privacy Policy.

You agree that in the event that Pygmaliart determines or reasonably suspects that you are reselling information relating to the Service, or that you violate any provision of these Terms, Pygmaliart may take immediate action, including terminating your right of access. and use of the Service. Pygmaliart reserves the right to use the means it deems appropriate to monitor your compliance with these Conditions. Pygmaliart reserves the right to exercise all legal means it deems necessary to prevent unauthorized access or use of the Service.

2. Intellectual property

You understand and agree that the Website and all of its content, features and functionality, including, but not limited to, all information, software, codes, texts, description of products sold on the Website, displays, graphics, photographs, video, audio, design, presentation, selection and layout, are the property of Pygmaliart, its licensors or other providers of such materials and are protected in all forms by intellectual property laws including, but not limited to, copyrights, trademarks, patents, trade secrets and all other proprietary rights.

The name Pygmaliart, the Pygmaliart logo and all associated names, logos, product and service names, designs, images and slogans are trademarks of Pygmaliart inc. You may not use these marks without the prior written permission of Pygmaliart inc. Other names, logos, product and service names, designs, images and slogans mentioned or appearing on this Website are trademarks of their respective owners. The use of such marks, unless expressly authorized, constitutes an infringement or a violation of the rights of the owner of these marks and may constitute a violation of federal or other laws and could expose the infringer to legal proceedings.

You may only use the Website and the Service for your personal use and for non-commercial purposes. You must not, directly or indirectly, reproduce, compile for an internal database, distribute, modify, create derivative products, publicly display, publicly perform, republish, upload, store or transmit any material that is part of our Website, in any form or medium, except the following:

  • your computer and browser may temporarily store or cache reproductions of documents you have viewed and viewed.
  • a reasonable number of reproductions intended only for personal use may be printed with the proprietary notices retained therein, which may only be used for personal legal, non-commercial purposes, and not for further reproduction, publication or distribution of any kind on any medium whatsoever.
  • In the event that third-party social media platforms are linked to certain content on our Website, you may use our Website and such third-party social media platforms as they allow.

Users are not authorized to modify any reproductions of any material from this Website, nor to remove or modify any copyright, trademark or other proprietary rights notices appearing in such reproductions of the material. from this Website. It is prohibited to access or use for commercial purposes any part of the Website or any service or material available through the Website.

If you print, copy or download any part of our Website in violation of these Terms, you immediately lose your right to use the Website and you must, at our option, return or destroy any copy or reproduction of materials that you have. carried out. You have no right, title or interest in or in the Website or any content on the Website, and all rights not expressly granted herein are reserved to Pygmaliart. Any use of the Website not expressly permitted by these Terms constitutes a violation of these Terms and may infringe or violate copyright, trademark, and other intellectual or other property rights laws.

3. ACCEPTANCE OF AN ORDER

Ordered. The order is an integral part of the agreement between Pygmaliart and you. The order contains information specific to your order from Pygmaliart, in particular: a description of each product covered by the contract, a statement of the price of each product covered by the contract (taxes, related costs, delivery costs), delivery method, the name of the carrier, the place of delivery and the total amount you have to pay.

Cancelation. When you place an order, it is not immediately understood that it will be accepted. We reserve the right to refuse and cancel any order in accordance with these Terms. In addition, before accepting your order, we may ask you for additional information if you have not provided all the information necessary to process your order.

The availability of the product ordered, the ability to ship to the location designated by you, the acceptance of payment by your credit card issuer or other third party payment service provider, as well as the accuracy of the prices and promotions displayed on the Website are among the grounds that can be invoked for the cancellation of an order. In addition, we reserve the right to withdraw any products displayed on the Website at any time and to remove or edit any content or material contained therein. Although we use reasonable efforts to process all orders, exceptional circumstances may cause us to refuse to process an order despite sending an order confirmation.

We do not assume any responsibility to you or to any third party in relation to our decision to remove any product from the Website, whether or not it has been sold, to remove or modify any item or content therein. or refuse to process or accept an order, despite sending an order confirmation. We may also delete, modify, suspend or discontinue any aspect of the Website.

If your order is refused, you will receive a message to this effect. If your order is refused or canceled after payment, we will refund you the full amount paid within 15 days of order cancellation.

Availability. Our offers are valid while stocks last. In case of unavailability of the product after placing your order, we will contact you as soon as possible to find a solution, such as:

  • delay in delivery pending replenishment of this product, when possible.
  • the replacement of the product by an equivalent in quality and price.
  • the cancellation of your order.

Quantity limit. We reserve the right to impose quantity limits on orders. These limits will be displayed before finalizing the order.

4. PRICE AND PAYMENT

Price. You are responsible for paying the total amount of your order, including the price of each good or service covered by the contract, the taxes relating to your order as well as the applicable delivery charges.

Payment. In order for the order to be accepted, the order must be accompanied by full payment or a payment method pre-approved by Pygmaliart. We accept payment by Visa and Mastercard credit cards, debit cards, as well as PayPal Payments. By placing your order, you represent and warrant that you are authorized to use the credit card or payment account used. You authorize us to debit the total amount of your order (including taxes and shipping and handling charges) to this card or account. If the card or payment account cannot be verified, is invalid, or is rejected for any other reason, your order may be automatically discontinued or canceled. The third party company that processes our customers' payments must approve any purchase made with a credit, debit card or other payment method. When a fully completed order is received, along with your payment method authorization, and has been accepted, we queue it for shipping.

Currency. All prices, along with associated taxes and delivery charges, are displayed in Canadian dollars for users in Canada and in US dollars for users in the United States.

Related costs. You are responsible for paying the costs associated with your order due by a third party and to comply with the laws in force. The related costs may in particular include customs and brokerage fees related to your order.

5. SHIPPING

Avis If an item ordered is damaged in transit, is incorrect or missing, you must immediately contact Pygmaliart at info@pygmaliart.com.

Shipping costs. You are responsible for shipping costs, unless they have been canceled by Pygmaliart. Shipping costs will be displayed on your invoice and can be reviewed before your order is validated. If the shipping costs change following the acceptance of your order, you will be notified as soon as possible and will have the opportunity to request the cancellation of the order and the reimbursement of the costs already paid if the new costs. shipping is not suitable for you.

Delivery method. We will deliver your order to you according to the delivery method chosen by you, among the options offered.

Delivery delay. The expected arrival date of your order should be taken as a mere estimate and we will not be liable for any damage caused by late delivery. Shipping times are managed by third party shipping providers. We do our best to get your order as soon as possible.

Compliance. You agree to comply with all Canadian export laws that apply to products purchased or received under the Terms.

Delivery. We use the services of third party shipping service providers to get its products to you. Please contact us if your order has been damaged in transit.

6. products

Although we do our best to update and keep the content of the Website up to date, errors and / or omissions may occur. The Website may also be out of date. Photos taken for advertising purposes are for suggested presentation only. Information posted on the Website may refer to products, programs or services that are not available in your jurisdiction. Pygmaliart is not responsible for the consequences related to improper use of products purchased on the Website, as well as for the facts and faults of third party contractors related to the provision of services.

7. RETURNS AND EXCHANGES

General return and exchange policy. We accept the return or exchange of any product you deem unsatisfactory, with the exception of products sold at reduced prices, provided that you send it to us within thirty (30) days of the date of dispatch, unless a longer period has been specified in writing and the product is exactly in the condition in which you received it. Any returned or exchanged product must be accompanied by all original boxes, labels, product instructions, labels and packaging. Any product returned to us damaged or in a condition other than the one in which you received it will not be accepted for return or exchange.

To return a product for a refund, please contact us through our online form or by email at info@pygmaliart.com. We will tell you how to proceed. Furthermore, we will not be responsible for the return of any product without Pygmaliart's approval.

Return of defective products. If you believe a product is defective, please contact us through our online form or by email at info@pygmaliart.com giving us details about the product and the problem found. We will tell you how to proceed.

We will carefully examine the defective product and notify you by email, within a reasonable time, of our decision whether or not to grant a replacement or refund for the product complained of. In the event of a refund of a defective product, we will reimburse you for the cost of delivering the defective product through the payment method used when purchasing the product.

General refund policy. Product returns will be credited to the original method of payment and, unless expressly stated otherwise, will be for the amount of the price of the returned products plus applicable sales taxes. Shipping and handling charges will not be refunded, unless expressly stated otherwise.

8. COMMITMENT, RESPONSIBILITY AND REPRESENTATIONS

Resale. The products available on the Website are intended for sale to users of these products and not to resellers. Except in the event of a possible resale of used products, you therefore agree not to resell the products purchased under these Conditions, nor to transfer your rights hereunder, without the prior written consent of Pygmaliart.

Quality. Pygmaliart ensures that the goods offered on the Website can be used for the use for which they are normally intended. The products purchased on the Website will be used for normal use for a reasonable period of time, having regard to its price, the provisions of the contract and the conditions of use of the goods. Pygmaliart makes no representation and grants no additional warranty.

9. Your suggestions

While your comments, ideas and suggestions are welcome, it is important to be aware of the following conditions. If you send us any comments, ideas or suggestions (collectively, " Suggestions »), You agree that: (1) your Suggestions become the property of Pygmaliart and no remuneration or other compensation is due to you in exchange; (2) none of the Suggestions contains any confidential information of a third party; (3) Pygmaliart may use or redistribute the Suggestions for any purpose and in any way; (4) Pygmaliart has no obligation to review or use your Suggestions; and (5) Pygmaliart is under no obligation to keep any Suggestion confidential.

10. WEBSITE SECURITY

The security of your information is very important to us. We use physical, electronic and administrative measures designed to protect your personal information against accidental loss and against unauthorized access, use, modification and disclosure.

The security of your information is also up to you. Users are responsible for their own access to the Website. Users are responsible for ensuring that all persons who access the Website through a user's Internet connection are aware of and comply with these Terms. Your use of the Website is conditional on all information you provide on the Website to be accurate, current and complete.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your information, we cannot guarantee the security of your information transmitted to our Website. Any transmission of information is done at your own risk. We are not responsible for circumventing any privacy settings or security measures contained on the Website.

You are prohibited from attempting to circumvent or breach the security of this Website, including, without limitation:

  • access content and data that are not intended for you.
  • attempt to breach or violate unauthorized security and / or authentication measures.
  • restrict, interrupt or disable the service to users, hosts, servers or networks.
  • illicitly reproduce the TCP / IP packet header.
  • disrupt network services and in any other way disrupt the ability of the Website owner to monitor the Website.
  • use a robot, indexing robot or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any material on the Website.
  • introduce any virus, Trojan horse, computer worm, logic bomb or other malicious or technologically harmful material.
  • attack the Website with a denial of service attack, a distributed denial of service attack, flooding, mailbombing or crashing.
  • make any other attempt to interfere with the proper functioning of the Website.

11. Changes

We reserve the right, at our sole discretion, to revise and update these Terms from time to time. All these changes are effective upon posting and apply to all access to and use of the Website. You agree to periodically review the Terms to be informed of such changes and your use constitutes your acceptance of them.

The information and material on this Website, as well as the Website, may be changed, withdrawn or deleted at any time in our sole discretion and without notice. We will not be responsible if for any reason all or part of the Website is restricted to users or unavailable at any time or for any period.

Notwithstanding the foregoing, if these changes could have the effect of changing your rights or imposing new obligations on you, you will be notified by email in order to obtain your consent.

12. Disclaimer of warranty

Pygmaliart, its affiliates, data providers and third party service providers (collectively, the " Pygmaliart parties ") Make no warranties, representations or conditions of any kind, express, legal or implied: (1) as to the accuracy, integrity, completeness, quality, legality, usefulness, and the security of all information and content, including, but not limited to, the accuracy of contact details and contained information disseminated by other users by means of the Service, (2) as the functions offered by means of the Site Web will not experience any interruptions or errors; or (3) that any errors or defects will be corrected. The Pygmaliart Parties further disclaim all warranties, express, legal or implied, including, but not limited to, the implied warranties of merchantability, suitability for a particular use and non-violation of the rights of third parties. No information you obtain from the Website can create any warranty, representation or condition that is not expressly mentioned in these Terms.

The Pygmaliart Parties further disclaim any liability for any loss or damage arising from your use of the Website and the information and content available through the Website. Your use of the Website is at your discretion and your own risk, and you will be solely responsible for any loss or damage resulting therefrom.

The Website may contain hyperlinks to third party sites (the " Third party sites »), And Pygmaliart assumes no responsibility and has no control over the information and / or content available on Third Party Sites. The Pygmaliart Parties also decline any responsibility related to your use of Third Party Sites.

13. Limitation of liability

To the fullest extent permitted by law, in no event will the Pygmaliart Parties be liable to you for (a) indirect, special, punitive, or exemplary damages, (b) loss of profits, (c) interruption business, (d) damage to reputation, or (e) loss of information or data, whether or not Pygmaliart was aware of the possibility of such damage.

The maximum liability of the Pygmaliart Parties towards you in connection with an order for any damage resulting from contractual or extra-contractual liability will at all times be limited to the greater of the value of the products purchased under this order and a sum of $ 50.

14. General representation

You represent and warrant that (i) your use of the Website will be in strict accordance with the Terms and all applicable laws and regulations, including laws regarding the protection of personal information and privacy and (ii) your use of the Website will not infringe the intellectual property rights of any third party.

15. Compensation

You agree to indemnify and hold harmless Pygmaliart, its subcontractors and its licensors, and their respective directors, officers, and employees, with respect to any claim or expense, including reasonable fees of lawyer, arising out of your use of the Website, including, without limitation, any breach of these Terms.

16. Miscellaneous

These Conditions constitute the entire agreement between Pygmaliart and you concerning the subject matter hereof. These Conditions are governed and interpreted in accordance with the laws of the Province of Quebec, without regard to the provisions relating to conflicts of laws. All claims, legal proceedings or disputes arising from these Terms or the Service will be brought only in the courts located in the judicial district of Montreal, Province of Quebec. If any provision of these Terms is found to be illegal, void or unenforceable, that provision will be considered severable and will not affect the validity and enforceability of the other provisions. A waiver by either party of any of the terms of these Terms or of any breach of any of them shall not constitute a waiver of that provision or of any subsequent breach of this one. Neither these Terms nor the rights granted herein are transferable by you without the prior written consent of Pygmaliart, which may be granted or refused at Pygmaliart's sole discretion. Pygmaliart may assign or subcontract its rights and obligations under these Conditions without restriction. These Conditions shall bind and apply with regard to the parties, their respective successors and assigns.

17. Contact

If you have any questions regarding these Terms, you can contact us by email at info@pygmaliart.com.