Terms and Conditions for Site Use
Use of the Site is governed by terms and conditions that apply to the Site and to sales, shown below (the “Terms and Conditions”), which constitute an agreement between you and Art Montréal. Art Montréal may modify these Terms and Conditions at any time.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE AND/OR ORDERING A PRODUCT FROM THE SITE.
By using the Site or ordering product(s) from it, you acknowledge that you have read, understood and agree to all the Terms and Conditions. If you do not agree to these Terms and Conditions, do not use the Site or order products from it.
Art Montréal reserves the right to modify the Terms and Conditions at any time, effective as soon as changes are posted on the Site, with no liability to you or any other individual. If we make modifications, we will post the new Terms and Conditions on the Site and indicate the date of the most recent update. You should therefore reread the Terms and Conditions of use each time you visit the Site or make a purchase. If at any time you find that you no longer agree with the Terms and Conditions, you must immediately stop using or accessing the Site.
1.1 Location of Site Operations
Art Montréal operates the Site from its offices in Canada. Art Montréal makes no representations to the effect that material on the Site is available for use in locations other than Canada, and accessing the Site from locations where its content or use thereof are prohibited may be illegal. Those who choose to access this Site do so of their own initiative and are responsible for complying with any locally applicable laws.
1.2 Site Modifications
Art Montréal may terminate, change, suspend or discontinue any aspect of the Site, including its functionality, at any time without prior notice or liability. Art Montréal may also (i) add, remove, modify or otherwise change any content that is on the Site or accessible from it or (ii) impose limitations as regards certain functionalities and services or restrict your access to some or all parts of the Site without prior notice or liability.
1.3 Restrictions Relating to Use of the Site
You may only use the site in accordance with these Terms and Conditions. Unless otherwise specifically indicated in one or more sections of the Site, no part of the Site may be copied, reproduced, distributed, published, translated, downloaded, displayed or transmitted in any way whatsoever without prior written permission from Fruits & Passion. You may display or download material from the Site for noncommercial purposes only, provided that you do not modify it and that you respect its relevant copyrights.
1.4 Intellectual Property
1.4.1 Trademarks. Names, words, titles, phrases, logos, illustrations, graphic icons and service marks (collectively the “Trademarks”) that appear on the Site, products or any components included in or with those products may represent registered or nonregistered trademarks or other intellectual property belonging to Art Montréal, its affiliated companies or third parties.
1.4.2 Content. All content appearing on the Site or products, specifically including any photos, illustrations, designs, trade-marks, images and text (collectively the “Content”), is the exclusive property of Art Montréal, its affiliated companies or third parties and is protected by Canadian and/or international copyright laws. You are hereby granted limited permission to access the Site for your personal and noncommercial use only, on the condition that you retain all credits and notices relating to copyright and other proprietary exclusivity. Unless explicitly stated in the Terms and Conditions, no other use of the Content is authorized.
1.4.3 No Right Granted. Nothing that appears on the Site, products or elsewhere shall be directly or indirectly construed as granting you (or anyone whosoever) any licence, right, title or other interest in the Trademarks or any other intellectual property, and the Trademarks and other intellectual property shall remain the exclusive property of Art Montréal or their owners.
1.4.4 Restrictions Related to Site Use. You may not copy, reproduce, utilize, distribute or transmit, in part or in whole, the Trademarks, Content or any other intellectual property that appear on the Site, in or with products or components that are included there, without express prior written consent. Any nonauthorized use may make you liable for civil and/or criminal damages.
1.5 Links to Other Sites
The Site includes links to other websites operated by other companies. By clicking on these links, you will leave the Art Montréal. Art Montréal has neither developed, reviewed or verified the accuracy of the data contained on these sites. Art Montréal has no control over the operation of these websites and the fact that they may be linked to the Art Montréal Site does not in any way render Art Montréal liable, specifically as regards their content, the products/services provided or any other damages or loss that they may cause you.
1.6 User-Submitted Information
As a user of this Site, you acknowledge that any material, information and opinions (collectively the “Information”) that you may submit to Art Montréal in any way whatsoever will be assigned to Art Montréal and who will become its full and sole owner, and you waive any moral rights with regard to this Information. Art Montréal hereby advises you that it can, without issuing any compensation to you, use, reproduce, publish, license, distribute, disclose and transmit by any means and to whomever it sees fit any Information you submit to Art Montréal. Further, you are prohibited from submitting to Art Montréal Information that could be illegal, defamatory, obscene or contrary to any applicable law. When you submit Information to Fruits & Passion, you hereby represent that you hold any and all relevant rights to such Information, specifically intellectual property rights. You assume liability and agree to compensate, protect, indemnify and hold harmless Art Montréal, its related companies and their respective managers, directors, shareholders, agents, representatives and employees from any liability, obligation, loss, damage, penalties, claims, actions, legal proceedings, fees, expenses and expenditures (including legal fees) relating to or resulting from your use of the Site and the Information that you have submitted. Art Montréal reserves the right to not publish or to retract any material that you may have submitted to Art Montréal at its discretion, for any reason whatsoever.
2. STANDARD TERMS AND CONDITIONS OF SALE
2.1 Canadian Site/U.S. Site
You must shop on the Art Montréal sites and pay in Canadian funds.
Residents of Canada
You must shop on the Canadian site and pay in Canadian funds.
Powertex® materials are only able to ship of pick up in the Montreal area.
2.2 Setting Up an Account
2.3.1 Amount. The purchase price for each product appears adjacent to it on the Site. All prices are in Canadian dollars.
2.3.2 Shipping costs. Shipping and delivery charges and applicable taxes are extra (unless we state that shipping is included) and will be shown on screen before you confirm your order.
2.3.3 Sales tax. Applicable sales taxes are extra and will be shown on screen before you confirm your order.
2.3.4 Price changes. Art Montréal reserves the right to modify the prices of products on the Site at any time, without prior notice.
2.4.1 We accept online payment by PayPal only. Local pickup or delivery can be cash payment. Cheques are not currently accepted.
We reserve the right to stop accepting credit cards from one or more issuers at any time.
2.4.2 Validity and authenticity. You must use a valid and authentic credit card on the Site, and be an authorized user. If the charge is not approved or accepted, we reserve the right to cancel your order without notice, with no liability or obligation. We reserve the right to contact the issuer for authorization if we suspect that a card is being used fraudulently.
2.5 Return and Refund Policy
If you are not completely satisfied with any of our products, you may return them for an exchange or refund.
2.5.1 Exchange. We accept Art Montréal product returns (with the exception of items purchased on sale or during promotions) at any time up until the end of the 60th day after they have been received.
2.5.2 Refund. We will issue a refund for any Art Montréal products (in their original packaging) within 30 days of their delivery date (with the exception of items purchased on sale or during promotions). We do not issue refunds for trial sizes or gift cards.
2.5.2 Address. The address for product returns is
Art Montreal Returns
250 Somervale Gardens Suite 10
2.5.4 Return shipping costs. You must pay the cost of shipping and insuring returned items. Local drop off or pickup is acceptable.
2.5.5 Credit. When your return arrives at Art Montréal, we will refund the amount debited to your credit card account—less shipping costs—as soon as possible provided that the merchandise has been returned by you and received by Art Montréal in accordance with Section 2.5.1 above, and is in the same condition that it was at the time of delivery.
2.7 Product Delivery
Local Pick up and drop off available for Powertex® in the Greater Montreal Area.
2.7.3 Address. Art Montréal will deliver items you purchase to the address you provide in your order. Deliveries cannot be made to post office boxes.
2.7.4 Shipping fees. Shipping fees vary depending on the order (weight, volume, destination and delivery time) and will appear on the screen before you confirm your order.
2.7.5 Delivery times. Art Montréal strives to have orders delivered as quickly as possible once your order is accepted, using the delivery method you select on the Site. Delivery times and fees will vary based on the shipment destination, delivery method selected and availability of products in inventory. Delivery time calculations are from the shipment’s departure from the Art Montréal premises.
Delivery times, for reference only
Canada (Quebec and Ontario) 4–7 working days
Canada (Maritime provinces) 5–7 working days
Canada (Western provinces) 7–10 working days
Canada (Territories) 10–20 working days
U.S. 8–12 working days
2.7.6 Deliveries. Product deliveries are subject to the corporate policies of the delivery companies used by Art Montréal, which presently include CanadaPost within Canada and FedEx in the U.S., and the corporate policies of other delivery companies that Art Montréal may use from time to time. Policies concerning the signature of delivery receipts will apply to you. If you select the “deliver without signature” option in Step 2, you authorize Art Montréal and the shipper to leave your package in a safe place without first obtaining a signature and you will not need to worry about having someone present at the time of delivery. Selecting the “deliver without signature” option means that you irrevocably accept that a) Art Montréal and its designated shipper will deliver your package(s) as indicated in the “shipping address” section without obtaining your signature or the signature of a third party as long as the declared value of the shipment does not exceed $100; b) presentation by Art Montréal or its shipper of a delivery receipt showing the specified place and shipper’s signature release number constitute proof of proper delivery in accordance with your instructions; and c) you specifically waive the right to seek any recourse against Fruits & Passion and/or its designated shipper in the event that you do not receive your shipment(s) when proof of delivery has been provided. In addition, you will be responsible for recovering the products in accordance with the rules of one or both of the above mentioned companies.
2.7.7 Transfer of title. You become the owner of the products you ordered when Art Montréal turns your shipment over to the delivery company. You assume all associated risks at that point and Art Montréal will not be responsible for any loss, destruction or damage.
2.7.8 Payment in full. Art Montréal must receive payment in full for products before they can be shipped to you.
3. GENERAL INFORMATION
THE FOLLOWING PROVISIONS APPLY TO BOTH USE OF THE SITE (SEE SECTION 1 ABOVE) AND TO PRODUCT ORDERS (SEE SECTION 2 ABOVE).
3.1 Disclaimer of Warranties
THE SITE AND THE ELEMENTS CONTAINED THEREIN ARE PROVIDED AS IS, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION, IMPLICIT OR EXPLICIT. SUBJECT TO ANY APPLICABLE LAW TO THE CONTRARY, FRUITS & PASSION DISCLAIMS ANY LIABILITY AND PROVIDES NO REPRESENTATION, WARRANTY OR CONDITION, INCLUDING WARRANTIES OF MERCHANTABILITY, DURABILITY, MERCHANTABLE QUALITY OR SUITABILITY FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MOREOVER, Art Montréal MAKES NO REPRESENTATION, WARRANTY OR CONDITION RELATIVE TO (I) THE USE, VALIDITY, ACCURACY OR RELIABILITY OF THE ELEMENTS SHOWN ON THE SITE OR THE RESULTS ARISING FROM THE USE OF SUCH ELEMENTS OR (II) THE FACT THAT THE SITE AND ITS CONTENT ARE OFFERED WITHOUT INTERRUPTION OR THAT THEY WILL BE FREE OF ERRORS (WHILE Art Montréal DOES EVERYTHING POSSIBLE TO ENSURE THAT THE SITE CONTAINS NO ERRORS), THAT ERRORS /INTERRUPTIONS ON THE SITE WILL BE RECTIFIIED OR THAT THE SITE OR THE SERVER THAT HOSTS THE SITE WILL BE VIRUS-FREE.
3.2 Limitation of Liability
3.2.1 IN NO EVENT SHALL Art Montréal, ITS AFFILIATED COMPANIES OR THEIR RESPECTIVE MANAGERS, DIRECTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES OR EMPLOYEES BE HELD RESPONSIBLE FOR INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION THE LOSS OF DATA, PROFITS, REVENUE, BUSINESS OPPORTUNITIES OR ANY LOSS, DAMAGE, RESPONSIBILITY, COST OR EXPENSE ARISING FROM OR IN RELATION TO YOUR PURCHASE OF PRODUCTS FROM THE SITE, THE USE OF THE SITE OR THE INABILITY TO USE THE SITE, WHATEVER THE ORIGIN OF THE ACTION (CONTRACTUAL RESPONSIBILITY, IN TORT, NEGLIGENCE, GROSS NEGLIGENCE OR BASED UPON ANY OTHER LEGAL DOCTRINE, INCLUDING FUNDAMENTAL BREACH), EVEN IF Art Montréal HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT Art Montréal’S LIABILITY TOWARDS YOU MAY BE UPHELD, IT SHALL BE LIMITED TO THE PURCHASE PRICE OF THE ITEMS THAT YOU ORDERED ON THE SITE.
3.2.2 Regardless of the foregoing, nothing within the current Section 3.2 can have the effect of limiting your rights as a consumer with respect to one or more of the laws of public order (including consumer protection laws) that may be applicable to you.
3.3 Force Majeure
Art Montréal will not be responsible for non-performance, in whole or in part, of any of its obligations whatsoever toward you, or for damages or losses that you may suffer, if such non-performance, damages or losses result from an act of God or from circumstances beyond its control.
3.4 Applicable Law and Territorial Jurisdiction
The Terms and Conditions shall be governed by the laws in effect in the province of Quebec, Canada, and any claims in conjunction with the Site, its Content or its use shall be governed by laws applicable in the province of Quebec, Canada. The application of any private international law or any law that might be applied to resolve legal disputes, such as the United Nations Convention for Contracts on International Sale of Goods, is expressly excluded.
The Terms and Conditions constitute the entire agreement between Art Montréal and you relating to the subjects covered herein. If provisions of the Terms and Conditions or their implementation are found to be invalid as regards any statue, regulation or law whatsoever, the aforementioned provisions shall be removed from the conditions for use and the remaining provisions in the Terms and Conditions shall not be affected.