Terms of use

These 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 Use govern your access to and use of all content, functionality and services offered on or through ww.pygmaliart.com and the purchase of products on the Website.

Your use of the Website is also subject to our privacy policy accessible on our Website at the “ Privacy Policy ” and updated from time to time in conjunction with the conditions of use, the Conditions .

BY USING OR MAKING PURCHASES ON THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT ACCESS OR USE THE WEBSITE.

1. YOUR USE OF THE WEBSITE

Pygmaliart hereby grants you a non-exclusive, non-transferable, 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 materially reproducing Pygmaliart's products or services, including developing or creating a similar Website. If Pygmaliart believes, 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 possible violations of these Terms, to remove users' access to the Service and to submit files to law enforcement for further 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 are violating any provision of these Terms, Pygmaliart may take immediate action, including termination of 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 Terms. 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 contents, features and functionality, including, without limitation, all information, software, code, text, description of products sold on the Website, displays, graphics, photographs, video, audio, design, presentation, selection and arrangement, 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 other proprietary rights.

The Pygmaliart name, 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. Use of these marks, unless expressly authorized, constitutes an infringement or violation of the rights of the owner of these marks and may be a violation of federal or other laws and could subject the infringer to legal action.

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 works from, publicly display, publicly perform, republish, download, store or transmit any material forming part of our Website, in any form or medium, except as follows:

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

Users are not permitted to modify reproductions of any materials from this Website, or to remove or alter any copyright, trademark or other proprietary rights notices contained in such reproductions of materials. from this Website. You may not access or use for commercial purposes any portion of the Website or any services or materials available through the Website.

If you print off, copy or download any part of our Website in breach of these Terms, you will immediately lose your right to use the Website and you must, at our option, return or destroy any copies or reproductions of the materials you have. carried out. You have no right, title or interest in or to 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 is a breach of these Terms and may infringe or violate copyright, trademark, and other intellectual property or other rights laws.

3. ACCEPTANCE OF AN ORDER

Order. The order is an integral part of the agreement between Pygmaliart and you. The order contains information specific to your order with 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), the method of delivery, the name of the carrier, the place of delivery and the total amounts you must 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. Additionally, before accepting your order, we may ask you for additional information if you have not provided all of 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, and the accuracy of prices and promotions displayed on the Website are among the reasons that can be given for the cancellation of an order. Additionally, we reserve the right to remove products displayed on the Website at any time and to delete or edit any content or materials appearing therein. Although we use reasonable efforts to process all orders, exceptional circumstances may force us to refuse to process an order despite sending an order confirmation.

We assume no liability to you or to third parties in relation to our decision to remove a product from the Website, whether or not it has been the subject of a sale or not, to delete or modify any element or content appearing therein. or refuse to process or accept an order, despite sending an order confirmation. We may also remove, 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 following payment, we will refund the full amount paid within 15 days of order cancellation.

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

  • delaying delivery while awaiting restocking of this product, when possible.
  • the replacement of the product with an equivalent in quality and price.
  • canceling 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 payments 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 being used. You authorize us to charge the full 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 terminated or canceled. The third party company that processes our customers' payments must approve any purchases made with a credit card, debit card or other payment method. When a completed order is received, along with your payment method authorization, and it has been accepted, we queue it for shipping.

Currency. All prices, as well as associated taxes and shipping charges, are displayed in Canadian dollars for users located in Canada and in US dollars for users located in the United States.

Related costs. You are responsible for paying any fees related to your order payable by a third party and for complying with applicable laws. Related costs may include customs and brokerage fees related to your order.

5. SHIPPING

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

Shipping costs. You are responsible for shipping costs unless waived by Pygmaliart. Shipping costs will be displayed on your invoice and can be reviewed before confirming your order. If shipping charges change following acceptance of your order, you will be notified as soon as possible and given the opportunity to request cancellation of the order and refund of charges already paid if the new charges shipping are not suitable for you.

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

Delivery delay. The expected arrival date of your order should be considered an estimate only and we will not be liable for any damages attributable to delays in delivery. Shipping times are managed by third party shipping providers. We do our best to ensure that you receive your order as quickly as possible.

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

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

Free transportation (for the provinces of Quebec, Ontario and New Brunswick only) We offer free transportation for orders of $150 or more, after discounts, and only for the provinces of Quebec, Ontario and New Brunswick. We are working to expand this offer to the rest of Canada.

6. Products

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

7. RETURNS AND EXCHANGES

General return and exchange policy. We accept the return or exchange of any product that 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 delivery. date of shipment, unless a longer period has been specified in writing and the product is in exactly 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 that in which you received it will not be accepted for return or exchange.

To return a product for a refund, please contact us using 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 the approval of Pygmaliart.

Return of defective products. If you believe that a product is defective, please contact us via our online form or by email at info@pygmaliart.com giving us details of 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 case of a refund for a defective product, we will reimburse you for the delivery costs of the defective product using the payment method used when purchasing the product.

General refund policy. Product returns will be credited to the original form 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 to be sold to users of these products and not to resellers. Except in the case 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, taking into account their price, the provisions of the contract and the conditions of use of the good. Pygmaliart makes no representation and grants no additional guarantee.

9. Your suggestions

While we welcome your comments, ideas and suggestions, it is important to be aware of the following terms. If you send us 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 contain any confidential information of any third party; (3) Pygmaliart may use or redistribute the Suggestions for any purpose and in any manner; (4) Pygmaliart has no obligation to review or use your Suggestions; and (5) Pygmaliart is not required to keep any Suggestions 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 these Terms and comply with them. It is a condition of your use of the Website that all information you provide on the Website is accurate, current and complete.

Unfortunately, the transmission of information over 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 circumvention of any privacy settings or security measures contained on the Website.

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

  • access content and data that are not intended for you.
  • attempt to breach or violate security and/or authentication measures that are not authorized.
  • restrict, interrupt or disable service to users, hosts, servers or networks.
  • illicitly reproduce the TCP/IP packet header.
  • disrupt network services and otherwise interfere with the ability of the Website owner to monitor the Website.
  • use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • attack the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing.
  • make any other attempt to interfere with the proper working of the Website.

11. Changes

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

The information and materials 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 liable if for any reason all or any 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, statutory or implied: (1) as to the the accuracy, integrity, completeness, quality, legality, usefulness, and security of any information and content, including, but not limited to, the accuracy of contact details and information contained therein disseminated by other users using the Service, (2) that the functions offered through the Website will not experience any interruption or error; or (3) that any errors or defects will be corrected. The Pygmaliart Parties further disclaim all warranties, express, statutory or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement of third party rights. No information obtained by you from the Website shall create any warranty, representation or condition not expressly stated 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 own discretion and 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 the Third Party Sites. The Pygmaliart Parties also disclaim any liability 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) lost 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 to you in connection with an order for any damage whether arising 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 strictly in accordance with the Terms and all applicable laws and regulations, including the laws regarding the protection of personal information and privacy and (ii) your use of the Website will not have the effect of infringing the intellectual property rights of any third party.

15. Compensation

You agree to indemnify and hold harmless Pygmaliart, its contractors, and its licensors, and their respective directors, officers, and employees, from and against any claim or expense, including reasonable fees of 'attorney, arising from your use of the Website, including, without limitation, any violation of these Terms.

16. Miscellaneous

These Terms constitute the entire agreement between Pygmaliart and you relating to the subject matter hereof. These Terms are governed and construed in accordance with the laws of the Province of Quebec, without regard to its conflict of law provisions. All claims, legal proceedings or disputes arising from these Terms or the Service will be brought only before the courts located in the judicial district of Montreal, Province of Quebec. If any provision of these Terms is found to be unlawful, void or unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions. A waiver by either party of any term of these Terms or any breach thereof will not constitute a waiver of such provision or any subsequent breach thereof. this one. Neither these Terms nor the rights granted herein are transferable by you without Pygmaliart's prior written consent, which may be granted or withheld in Pygmaliart's sole discretion. Pygmaliart may assign or subcontract its rights and obligations under these Terms without restriction. These Terms will be binding upon and inure to the benefit of 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 .