GENERAL CONDITIONS RELATING TO THE USE OF THIS WEBSITE AND PURCHASES MADE ONLINE
PLEASE READ THE FOLLOWING CONDITIONS BEFORE CONTINUING TO USE THIS WEBSITE AND BEFORE MAKING A PURCHASE.
The use of this Internet site trevisteagathe.ca (the “Site”) operated by 2749-0549 Québec Inc. (“Trevi Ste-Agathe” or “we”) is governed by these terms and conditions (the “Terms”). These Terms apply to your use of the Site and to any purchase you make on the Site in addition to our Delivery Policy and our Return Policy. By using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Site and do not make any purchases from the Site.
These Terms and Conditions may be modified at any time and without notice by Trevi Ste-Agathe. Any modification will be effective as soon as it is posted on the Site. Your use of the Site will be subject to the most recent version of the Terms posted online. In case of conflict between a modification and a previous version of the Terms, the most recent version shall prevail. Please review the Terms regularly. If you do not or cannot accept these Terms or any updates to them, please discontinue use of the Site immediately.
TERMS OF USE FOR TREVISTEAGATHE.CA
Intellectual Property
You may not use any trademark or logo displayed on this Site without the prior written permission of its respective owner. You may not upload, post, publish, transmit, reproduce or distribute, in any way, any information or other material obtained from the Site that is protected by copyright or other intellectual property right, or derivative works thereof, without obtaining written permission from the owner of such right.
Links to other websites
The Site contains links to websites operated by third parties. By clicking on these links, you leave the trevi.com site. Trevi Ste-Agathe has no control over the operation of these websites and the fact that they are listed on the Site does not make Trevi Ste-Agathe liable in any way. We recommend that you pay particular attention to the terms of use and policies applicable to these sites, especially with regard to the practices of these third parties in protecting your personal information.
TERMS AND CONDITIONS OF SALE OF THE TREVISTEAGATHE.CA WEBSITE
Accuracy of information
We strive to ensure that the information on the Site is complete and accurate. However, we do not guarantee that the information on the Site is error-free, incomplete or up to date. We assume no responsibility for any errors or omissions that may appear on the Website, including information relating to product descriptions, pricing and availability. All prices are in Canadian dollars.
Trevi Ste-Agathe reserves the right to correct any error, inaccuracy or omission at any time, without notice and without liability to you. Trevi Ste-Agathe also reserves the right to modify, at any time, the information on prices and availability of products, and any other content of the Site, without notice.
The illustrations of the products displayed on the Site are for information purposes only. The products may differ somewhat from their illustrations, particularly with respect to colors and patterns. Some weights and measurements are also approximate and are provided for convenience only. We invite you to always read the complete product description before making a purchase. In addition, the products displayed on the Site are subject to availability. While we strive to update the Site as frequently as possible based on available inventory, there may be a delay in updating the Site and, as a result, a product may not be available even though it is posted as such on the Site. If the desired product is not available, Trevi Ste-Agathe reserves the right not to accept your order or to cancel it in accordance with the terms and conditions described below in the section “Refusal or cancellation of an order”.
Product availability
The delivery date is provided as an indication only. Expected delivery times are for above ground pools from 14 to 30 days, for garden furniture from 14 to 30 days, for pavilions from 14 to 30 days, for heat pumps from 14 to 30 days, for accessories and small pool equipment from 3 to 7 days and for chemical products from 3 to 7 days.
Method of payment/billing
Payment by credit card is the only form of payment for online purchases on the Site. Only VISA, MasterCard, and AMERICAN EXPRESS credit cards are accepted.
User account
You may be required to create a user account and password in order to order products online. You are responsible for all use (including unauthorized use) of your account and for maintaining the confidentiality of your information. We assume no obligation to verify the identity of the person using your account and you are entirely responsible for any purchases that are made. We reserve the right to suspend or cancel your account with or without cause at any time without notice.
Refusal or Cancellation of an Order
Receipt of an email confirmation does not constitute acceptance of your order or an offer to sell any product.
We reserve the right not to process, accept or cancel, in our sole discretion and at any time, any order, including, but not limited to, if the desired product is found to be out of stock, if the price is incorrectly displayed, or if important information about a product is missing or inaccurate on the Site. In addition, we reserve the right, without notice, to limit the quantity of any product for any order or to refuse an order for any reason. If we fail to process, refuse or cancel an order under the foregoing, we will notify you and you will not be charged or, if charged, we will refund you. Trevi Ste-Agathe is not responsible for any shortage of stock, price error and for any damage that may result from it or caused by any delay in delivery.
Delivery
The Company will use reasonable efforts to meet the stated delivery date, but shall not be responsible for delays in delivery due to causes external to the Company, including, but not limited to, force majeure and inclement weather.
Deliveries will be made outside the building only.
Upon delivery, if an item or part is missing or damaged, the Buyer must contact Trevi Ste-Agathe by email at boutique@trevisteagathe.ca within 10 days of receipt of his or her purchase to coordinate the exchange or delivery of the missing or damaged item.
Final sales. No refunds or exchanges
Sales are final. No returns, no exchanges, no credits or no refunds will be issued.
ABOVE-GROUND POOLS, GARDEN PAVILLONS AND GAZEBO
Pools, gazebos and accessories purchased through the Site ARE SOLD WITHOUT INSTALLATION.
You are therefore solely responsible:
A) The installation of the pool, gazebo and their accessories (if applicable). Vous serez également seul responsable de l’ensemble des coûts et frais reliés à la préparation, l’installation et branchement.
B) The choice of the location for the pool, gazebo or gazebo. Vous devrez vous assurer que l’emplacement choisi respecte la règlementation municipale et provinciale, y compris les retraits par rapport aux limites du terrain et l’espace aérien au-dessus de l’emplacement.
C) Notify the appropriate companies and organizations of the installation of the pool, gazebo or garden pavilion, including electricity, water, sewer, gas and telephone providers, as well as municipalities, agencies and government departments as applicable.
You can download all warranties for these products as well as use and maintenance guides, procedures and other useful documents from www.trevi.ca.
WE REMIND YOU THAT ALL SALES OF POOLS, GAZEBOS AND GAZEBOS ON THE SITE ARE FINAL SALES. NO RETURNS, EXCHANGES, CREDITS OR REFUNDS WILL BE ISSUED.
PROTECTION OF YOUR PERSONAL INFORMATION
Trevi Ste-Agathe is concerned about the protection of your personal information. Please refer to our Privacy Policy to learn about our practices regarding the collection, use, disclosure and retention of personal information.
LIMITATION OF LIABILITY
YOU understand and agree that use of the Site is at your sole risk.
The Site and the information and materials contained therein are provided “as is” without warranty of any kind, either express or implied, including but not limited to the security of the Site. Trévi Ste-Agathe décline toute responsabilité et ne donne aucune garantie, notamment une garantie de convenance à un usage particulier ou encore une garantie de fiabilité et d’exactitude des informations et éléments contenus sur le Site. We do not warrant that the Site will operate uninterrupted at all times or that it will be error-free, including, but not limited to, errors in the posting of prices and/or availability of products, that it will be free of harmful or damaging components, including, but not limited to, computer viruses and bugs, or that it will be secure or protected against unauthorized access.
In no event shall Trevi Ste-Agathe or any of its directors, officers or employees be liable for any costs, expenses (including attorneys’ fees), losses or damages whatsoever including, without limitation, direct, indirect, special, exemplary, punitive and incidental damages (and including, without limitation, damages resulting from loss of profits, loss of data or business interruption) arising out of or resulting from: (i) any error or information that may be contained on the Site; (ii) any decision by you directly or indirectly based on the information contained on the Site; (iii) your use or inability to use the Site; (iv) any failure, error, including but not limited to, error in the posting of price or availability of products; (v) a failure of the Site; (vi) the collection, use, security, disclosure or retention of your personal information in connection with the Site; and (vii) any computer virus or bug in your computer equipment, whether or not caused by your access to the Site. In addition, Ste-Agathe Trevi shall not be liable for any failure to perform its obligations to you, in whole or in part, or for any damages or losses you may suffer, if such failure, damages or losses result from an event of force majeure or a circumstance beyond its control. Some jurisdictions may not allow certain limitations or exclusions of liability or damages and may provide rights and obligations that differ from these Terms. If such laws apply to you, then these Terms apply to the extent permitted by those laws.
EXCEPT FOR MANUFACTURERS’ WARRANTIES FOR PRODUCTS OFFERED FOR SALE ON THE SITE AND STATUTORY WARRANTIES, TRÉVI STE-AGATHE MAKES NO REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PARTICULAR USE FOR WHICH A PRODUCT MAY BE INTENDED.
INDEMNITY
By using this Site, you agree to defend, indemnify and hold harmless Trevi Ste-Agathe, its directors, officers and employees from and against any and all claims, suits, demands, liabilities, costs (including attorneys’ fees), damages (including direct, indirect, special, exemplary, punitive and consequential damages) arising out of your use of, or browsing in or connection with, the Site, or any other breach of these Terms and Conditions in connection with your use of the Site.
GENERAL INFORMATION
These Terms are governed exclusively by the laws of the Province of Quebec to the exclusion of all rules of private international law or conflict of laws, except where prohibited by law. Any dispute, action or claim arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of competent jurisdiction in the Province of Quebec, except where prohibited by law.
These Terms and Conditions and the documents referred to herein constitute the entire agreement between Ste-Agathe Trevi and you with respect to your use of the Site and any purchases made on the Site. Any action taken by Trevi Ste-Agathe to insist upon or fail to enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. In the event that a court of competent jurisdiction finds any provision of this Agreement to be void, invalid or otherwise unenforceable, such finding shall not affect the remaining provisions of this Agreement.
QUESTIONS AND CONTACT
If you have any questions about our terms and policies or if you encounter any problems while using our website, please feel free to contact us at boutique@trevisteagathe.ca.