The purchase of products from the Website of Bülle Chaussures Inc. at http://www.bulle.shoes (the “Website”) is governed by the following terms and conditions. These terms and conditions are a contract of sale (the “Contract”) between Bülle Chaussures Inc. and yourself (hereafter “you” or “yourself”) as soon as you complete an order for products on the Website and pay the purchase price pursuant to the conditions in section 4 of the Contract.
Bülle Chaussures Inc. may change the terms and conditions applicable to the sale of products through its Website without notice. However, the terms and conditions applicable to a specific purchase are those stipulated in the Contract, which are the ones applicable to the sale of products in force on the Website when your order is placed with Bülle Chaussures Inc. pursuant to section 10 of the Contract.
1.1. The sale of a product you want to order from the Website will be completed only when you will have completed the order process (as explained below) and once you will have paid the purchase price according to the conditions of section 4 of the Contract.
2. SELLING PRICE
2.1. The selling price of a product is the price specified for that product on the Website when your order is placed with Bülle ChaussuresInc. pursuant to section 10 of the Contract.
2.2. Bülle Chaussures Inc. may change the prices of the products it sells on its Website at any time. The prices posted on the Website mayvary from the prices at independent merchants who advertise on the Website.
3. APPLICABLES TAXES
3.1. Provincial and federal sales taxes are in addition to the sales price.
4. CONDITION OF PAYMENT
4.1. Payment of a product is made by credit card (VisaMC Master CardMC American ExpressMC ).
4.2. In order to pay a product and applicable taxes, you must enter the following information in the secure payment zone of the Website: credit card number, expiry date and your family and given names as card bearer.
5.1. Bülle Chaussures Inc. shall have the products ordered delivered by Purolator and/or Canada Post AT NO COST for any purchases of $50 and over before taxes, to the address you will have specified with your order. Any specification as to the deadline for delivery is approximate and this deadline is not guaranteed by Bülle Chaussures Inc. Any omission to deliver will not entail liability for Bülle Chaussures Inc. in connection with any prejudice or damage to you, whether sustained directly or indirectly.
5.2. All our expeitions are sent with the mention "no signature required" which mean that Purolator and/or Canada Post will leave thepackage at your door. No deliveries shall be made to a post office box. Delivery shall be made only within the geographical limits of Canada. Delivery shall be made only if the delivery address is served by Canada Post.
5.3. Purchases of less than $50 before taxes are subject to a $10 flat rate shipping charge.
6. POSSESSION AND ASSUMPTION OF RISK
6.1. The products you purchase on the Website are delivered by Canada Post, which is completely independent from Bülle Chaussures Inc.
6.2. When we hand the products you have ordered to Canada Post, you become the owner thereof and assume the delivery risks (loss or damage during delivery).
6.3. In any case in which your package is lost in delivery and if your products are also damaged, your only recourse is against Canada Post. Our Return Policy is not valid if the original packaging of the product is not in good condition.
6.4. If the original packaging is not in good condition when returning a defective or damaged product to Bulle Chaussures, thereby implying that the defect or the damage to the product was caused during its delivery, Bülle Chaussures Inc. will be entitled to return the product to you and to keep its purchase price.
7. CUSTOMER’S DECLARATIONS
7.1. By completing an order, you represent to Bülle Chaussures Inc. that you are of a legal age to contract. It is strictly prohibited for children of less than fourteen (14) years of age to purchase products from the Website.
7.2. By completing an order, you represent to Bülle Chaussures Inc. that you are making your purchase on the Website strictly for personaluse and not for the resale, distribution or marketing of these products to third parties. In addition, you declare that the personal information forwarded to Bülle Chaussures Inc. for invoicing purposes to complete a purchase is accurate. You also represent and guarantee that you are the duly registered holder of the credit card with which you are paying the purchase price and the applicable taxes on the products purchased.
8. DECLARATION BY BÜLLE CHAUSSURES INC.
8.1. Bülle Chaussures Inc. is a legal person incorporated under Part IA of the Companies Act (Quebec) with its head office at 2197, Léon-Harmel, Quebec City, province of Quebec, Canada, G1N 4N5.
9. DESCRIPTION AND AVAILABILITY OF PRODUCTS
9.1. The descriptions and illustrations of the products offered or advertised on the Website are given only for information purposes. They may vary from the actual products offered. You agree and accept that such variations may occur and you acknowledge that Bülle Chaussures Inc. maynot be held liable for any damages or loss in connection with such variations. Bülle Chaussures Inc. does not give any guarantee about these descriptions and illustrations. However, these variations do not involve the characteristics of the product you choose when ordering (for example,model, colour, size) and in case of an error in these features that you have ordered and in what you have received, you may return the product pursuant to the Bülle Chaussures Inc. Return Policy.
9.2. Information concerning products, prices and the availability of products may change from time to time without notice and without entailingany liability for Bülle Chaussures Inc. Occasionally, some models, colours or sizes may not be available from the time when you place your order and the time when the product ordered is to be delivered. Bülle Chaussures Inc. will not be liable for such.
9.3. If the product ordered is not available at the time of delivery, Bülle Chaussures Inc. will notify you by email. You will then have the choice of i) cancelling the sale and in that case Bülle Chaussures Inc, will reimburse you the complete purchase price paid or ii) requiring that Bülle Chaussures Inc. attempt to obtain that product from another of its suppliers, but in such a case you agree that Bülle Chaussures Inc. will not be liable if it does not succeed in obtaining it or in obtaining it within a reasonable time limit. In such a case your only recourse is to cancel the sale./p>
10. HOW TO ORDER A PRODUCT
10.1. To order a product, you will be prompted to specify the product features wanted from the options offered (model, colour or size). You must then place the product in your virtual shopping basket and go to the virtual cash register. You will then be prompted to supply certain information in an information entry screen. All you have to do is to follow the steps on your computer screen. Finally, you will then be prompted to pay the product purchase price and the applicable taxes.
10.2. In order to place a final order, you must first of all accept the other conditions and click on the “Submit Order” icon. BY CLICKING ON THIS ICON WITH YOUR CURSOR, YOU WILL BE COMPLETING THE ORDER PROCESS SHOWINGTHAT YOU ACCEPT TO PURCHASE THE PRODUCTS SPECIFIED IN THIS ORDER AND ACCEPT TO BE BOUND BY THE TERMS AND CONDITIONS OF THE CONTRACT AS WELL AS THEOTHER CONDITIONS.
11.1. Bülle Chaussures Inc. does not give any warranty for the products featured on its Website. The only warranty applicable to the products is the warranty given by the manufacturer of the product. Please contact the Bülle Chaussures Inc. Customer Service Department for any question about the manufacturer’s warranty and the conditions for returning a defective product which would not otherwise be authorized under the Bülle Chaussures Inc. Return Policy.
12. CANCELLATION OF AN ORDER BEFORE DELIVERY
12.1. You may cancel your order FREE OF CHARGE only if the products you ordered have not already been entrusted to Canada Post for delivery, by notifying the Bülle Chaussures Inc. Customer Service Department as specified in section 18 below.
13. PRODUCT RETURN
13.1. Product return is subject to the Bülle Chaussures Inc. Return Policy.
14. ACCURACY OF THE ORDER AND INVOICING
14.1. You are responsible to ensure the accuracy of the description of products (model, colour or size), of the price and all invoicing detailsand as the case may be, to correct any mistake or inaccuracy. If it is impossible to correct any mistake or inaccuracy, you must immediately advise Bülle Chaussures Inc. in writing pursuant to the provisions of section 18 of the Contract.
14.2. Once a final order is placed, you will receive a confirmation of your order together with the paid invoice and a digitized contract within fifteen (15) days. You must print a copy of this email to ensure the accuracy of the information mentioned in the confirmation of the purchase and to once again check the terms and conditions of the Contract that are applicable to you.
14.3. You have a time limit of thirty (30) days from the receipt of your invoice to have it corrected by Bülle Chaussures Inc. as long as you can show that there are errors or inaccuracies in your invoice. The information on your invoice will be deemed to be accurate at the expiry of this time limit.
15. ACCEPTANCE OF THE CONDITIONS OF THE CONTRACT AND OTHER PROVISIONS
15.1. You are deemed to have accepted all of the provisions of the contract and the Other Provisions when you complete the order process.
16. LIMITED LIABILITY
16.1. Bülle Chaussures Inc. and its directors, administrators, employees, mandataries, their successors and assigns will not in any way beheld liable for any direct, special, indirect or accessory damages whatsoever, namely including any business loss, a loss of savings, of data and/or a loss of profits resulting from the products sold pursuant to the Contract or from the operations performed by the Customer on the Website, even if Bülle Chaussures Inc. knew or should have known about the possibility of such damage.
16.2. In any case in which Bülle Chaussures Inc. or its directors, administrators, employees, mandataries or their successors or assigns should be held liable for any reason whatsoever, the amount that may be claimed from them cannot exceed the amount paid by the Customer to Bülle Chaussures Inc. for the product on which the claim is based.
16.3. Paragraphs 16.1 and 16.2 may not apply to you due to laws governing consumer rights and public policy legislation which may apply to your situation.
17. TERRITORIAL LIMITS
17.1. Bülle Chaussures Inc. operates its business from its premises located in the province of Quebec. Bülle Chaussures Inc. only offers its products to persons domiciled in Canada. No sale will be made to a person domiciled outside of the territorial limits of Canada. Likewise,no delivery will be made outside of the territorial limits of Canada.
18.1. Any notice, consent, or other communication pursuant to this Contract must be in writing and given in person by bailiff or by email and addressed as follows:
BÜLLE CHAUSSURES INC.
Phone : 418-686-5462
Toll Free : 1-877-886-5462
Fax : 418-686-5463
Email : [email protected]
18.2. A notice, consent or other communication addressed as specified will be deemed to have been given and received on the day it is entrustedto a bailiff (or if that day is not a business day, on the next business day) unless it is given or transmitted after 4:30 pm (Quebec City, Quebec) time)), in which case it will be deemed to have been given and received on the following business day. For the interpretation of the Contract, the term “business day” means any day of the year except for Saturdays, Sundays and the other days on which financial institutions are generally closed in Quebec City, Quebec.
18.3. Bülle Chaussures Inc. may change its address from time to time by updating it on its Website.
18. GENERAL PROVISIONS
19.1. The preamble is an integral part of this Contract.
19.2. For the interpretation of this Contract and to the extent required by the context, the use of the masculine gender includes the feminine and vice-versa and the singular includes the plural and vice-versa.
19.3. Unless specified otherwise, any amount of money mentioned is in Canadian dollars.
19.4. The fact that Bülle Chaussures Inc. does not insist on the full performance of an obligation in this Contract or does not exercise aright conferred on it under this Contract will not be deemed to be a waiver of the performance of this obligation or right. Any waiver by Bülle Chaussures Inc. of any of its rights under this Contract will be valid only if it is in writing and signed and this waiver will be valid only in connection with the rights and the circumstances specifically mentioned therein.
19.5. Every provision of this Contract is a distinct whole so that any ruling to the effect that one of its provisions if is null and void or unenforceable will not affect the validity of the other provisions or their enforceability.
19.6. This Contract is the complete agreement between the parties hereto and nothing may be changed or modified without their written consent.
19.7. This Contract is binding on the parties hereto as well as on their respective heirs, successors, legal representatives and assigns and isfor their benefit.
19.8. This Contract is governed and interpreted according to the laws in force in the province of Quebec.
19.9. The parties irrevocably submit any litigation resulting from this Contract to the courts of federal and provincial jurisdiction sitting in the Judicial District of Quebec.