This Agreement is between BESTAR INC. (the “Corporation,” “we” or “our”), whose office is at 4220 Villeneuve Street, Lac-Mégantic (Quebec) G6B 2C3, Canada; and YOU (the “Customer,” “you” or “your”), who have made a purchase on the Corporation’s website (the “Website”).
Article 1. General Conditions of Sale.
Article 2. Product Delivery.
a) Terms and Conditions of Delivery. The shipping of orders is done in the contiguous United States and Canada. The Corporation does not ship to Alaska, Hawaii or Puerto Rico. The Corporation does not ship to PO boxes, APO or FPO addresses, on islands, in remote areas or internationally. The Corporation chooses among the following carrier companies for shipping: YRC Freight, Groupe Robert, Fastfrate or FedEx (the “Carrier”).
The Customer should expect a two-day delay before the Carrier posts the tracking number on its website. The tracking number can be found in the shipping confirmation email. You may track your packages here. Please note that some orders may require multiple instalment deliveries.
b) Location. The Carrier will deliver the order in front of the location (e.g. in front of the building) specified by the Customer in the Order summary during the time slot chosen by the Customer from the times suggested by the Corporation (the “Delivery”). The Customer agrees to be present at the specified location and during the time slot chosen for Delivery in order to receive the package in person. For large-scale orders, the Corporation recommends that at least two (2) people are present at the time of Delivery to carry the boxes inside.
The Customer may be asked to provide his or her telephone number in order for the Carrier to contact the Customer to schedule the Delivery. Except for FedEx, the Carrier will contact the Customer by telephone to schedule the Delivery.
c) Customer Absence. If the Customer is absent at the time of Delivery, he or she must refer to the SHIPPING AND RETURN POLICIES. The Customer may be required to pick up his or her order at the Carrier’s warehouse or pay additional fees for a second Delivery.
d) Address Errors. The Corporation is not liable for orders that could not be delivered or that were not received because the recipient’s address was not filled in accurately by the Customer.
Article 3. Technical Conditions to Access the Website.
The Website’s digital content is accessible through recent versions of the following web browsers: Safari, Google Chrome, Firefox, and Windows Internet Explorer 11. In order for the Customer to have an optimal buying experience, the Corporation recommends using web browsers that comply with the most recent web standards. Whereas these browsers may be subject to various technological changes, the Corporation cannot guarantee that these browsers will be compatible with the Website at all times. In the event of any discrepancy or inconsistency between the Customer’s web browser and the Website, the Corporation shall not be held liable for service interruptions associated with these technological changes.
If you have technical difficulties, you may contact the Corporation at the following email address: email@example.com. However, the Corporation does not make any guarantee or has no obligation in any way to solve the Customer’s computer software of hardware problems.
Article 4. Secured Information.
The exchange of personal and confidential information (passwords, addresses, etc.) between the Website and the Customer’s browser is protected by data encryption technology (Secure Socket Layer [SSL]) and the data stored is protected by AES-256 encryption. In addition, Shopify, the platform used by the Corporation, complies with PCI DSS standards. The Corporation uses its best efforts to ensure that personal and confidential information exchanged between the Customer and the Website is not intercepted or altered fraudulently.
Article 5. Copyright Protection.
The Website’s digital content as well as all reproduced elements (texts, comments, illustrations, logos and iconographic documents) are subject to copyright within the meaning of the Canadian Copyright Act. The Corporation reserves the right to take any necessary action in the case of a violation of these copyrights, and any such violation by the Customer will also be considered a violation of this Agreement.
Where applicable, the Customer agrees to keep confidential all information provided by the Corporation for the purpose of accessing the Website (password and username) and not disclose this information in any form whatsoever to a third party.
Article 6. Limitation of Liability.
The Corporation shall never be liable for any losses or any indirect, punitive, consequential, special or other damages arising from for the characteristics and limitations of your Internet network, in particular interrupted access to the Website, technical performance or response times to view the Website’s digital content.
Due to the Internet’s intrinsic characteristics, the Corporation does not offer any guarantee against the potential risks of diversion, intrusion, contamination or piracy of your data, files and programs. In addition, you must take all appropriate measures to protect his or her data, files and programs, including the protection against computer viruses.
For the period during which the products are under the control of the Corporation, which period starts with the manufacture and ends when the products are taken over by the Carrier for their initial Delivery, any product breakage that is beyond the control of the Corporation or for which reasonable preventive measures were taken will be deemed to be the result of a force majeure of which the Company can not be held liable.
IN THE EVENT OF THE CORPORATION’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT, TOTAL LIABILITY TO THE CUSTOMER FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) SHALL NEVER EXCEED THE AMOUNT PAID BY THE CUSTOMER TO THE CORPORATION FOR THE PRODUCTS BEING CLAIMED. THIS LIMITATION OF LIABILITY DOES NOT APPLY IF THERE IS EVIDENCE OF GROSS NEGLIGENCE OR WILFUL MISCONDUCT, OR IF THIS LIMITATION IS CONTRARY TO PUBLIC ORDER.
Article 7. Juridiction.
This Agreement is governed by the laws and regulations applicable in the Province of Quebec and the federal laws of Canada applicable therein. Any dispute between the parties arising from this Agreement will be subject to the exclusive jurisdiction of the courts of the Province of Quebec.
Article 8. Severability.
If all or part of any section, paragraph or provision of this Agreement is held invalid or unenforceable, it shall not have any effect whatsoever on any other section, paragraph or provision of this Agreement, nor on the remainder of the said section, paragraph or provision, unless otherwise expressly provided for in this Agreement.
BEFORE ENTERING INTO THIS AGREEMENT, THE CUSTOMER AGREES THAT HE OR SHE HAS REVIEWED THE AGREEMENT AND HAS NOT DETECTED ANY ERRORS THAT NEED TO BE CORRECTED. THE CUSTOMER FURTHER ACKNOWLEDGES THAT HE OR SHE WAS EXPRESSLY GIVEN THE OPPORTUNITY TO ACCEPT OR DECLINE THIS PROPOSAL. BY MAKING PURCHASES ON OUR WEBSITE, THE CUSTOMER DECLARES THAT HE OR SHE ACCEPTS THIS AGREEMENT.
THE CUSTOMER DECLARES THAT HE OR SHE IS OF LEGAL AGE TO ENTER A CONTRACT IN THE JURISDICTION WHERE HE OR SHE RESIDES.