Galerie du Vieux Saint-Jean
www.Galerievieuxstjean.comI. TERMS AND CONDITIONS
EFFECTIVE DATE: September 25th, 2020 Welcome to www.Galerievieuxstjean.com (the “Galerie du Vieux Saint-Jean Site”, or “Galerievieuxstjean.com”), the website of Galerie du vieux Saint-Jean (“Galerie”). Galerie provides you with website functionality as well as other services and products. When you visit or make purchases on Galerievieuxstjean.com, use the services of Galerievieuxstjean.com, or use a software provided by Galerievieuxstjean.com in relation to the above (collectively, the “Galerievieuxstjean.com Services”), Galerie will provide you the Galerievieuxstjean.com Services subject to the following conditions. Definitions: Customer: Refers to anyone who places an order for a product or service from Galerie. Galerie: Refers to the seller of the products. Carrier: Refers to any person charged by the customer or any other person charged to deliver a product sold by Galerie. Product or Service: Refers to a product, article, artwork or any other good or service sold by Galerie.1. USE OF THE SITE
Galerievieuxstjean.com is governed by these terms and conditions. Please read them carefully. By accessing or browsing the Galerievieuxstjean.com site, you declare that you have read and understood the terms and conditions of use and declare that you are bound by these conditions. Please note that we may change the conditions of use at any time without notice. Your use of the site will be deemed to be your acceptance of the revised terms and conditions. You agree to use the Galerievieuxstjean.com site in accordance with these conditions, and you agree, directly or indirectly, in particular not to use the site or to allow use of the site which would have the effect of:a) harass, abuse or threaten another person or otherwise violate the rights of any person;
b) violate the intellectual property of Galerie or any other third party;
c) download or transmit computer viruses or any other software that could damage the property of Galerie or of others;
d) commit fraud;
e) create or participate in illegal gambling, lottery or pyramid scheme activities;
f) post or distribute obscene or defamatory material;
g) publish or distribute any material that incites violence, hatred, or discrimination against any group;
h) illegally collect information about others; and or
i) fail to comply with Galerie’s terms and conditions, its privacy policy or any other policy or rule put in place by Galerie.
Privacy policy Please read and understand Galerie’s privacy policy as it also governs your use of the services offered by the Galerievieuxstjean.com site. The privacy policy is an integral part of the terms and conditions of use of the Galerievieuxstjean.com site. The privacy policy is available by clicking on the following link: https://www.galerievieuxstjean.com/en/terms-of-use-privacy-policy/#section-III Electronic communications When you use the Galerievieuxstjean.com Services or when you send emails to Galerie, you are communicating electronically with it. Therefore, you agree to receive electronic communications from Galerie. Galerie will communicate with you by email or by posting notices on the Galerievieuxstjean.com site or through the Galerievieuxstjean.com Services. You acknowledge that agreements, notices and other communications that we transmit to you electronically satisfy any legal obligation requiring that such communications be made in writing. Copyright and intellectual property All content appearing in the Galerievieuxstjean.com Services or made available through them (including textual and graphic elements, logos, icons, illustrations, audio clips, digital downloads, data compilations and software) is the exclusive property of Galerie, its licensors, collaborators or content providers, and such content is protected by Canadian and international copyright, trademark or patent laws. The compilation of all content appearing on the Galerievieuxstjean.com Services or made available through them is the exclusive property of Galerie and is protected by Canadian and international copyright laws. All content on the site, including, but not limited to text, software, code, design, graphics, photos, sounds, music, videos, applications, interactive features as well as any other content, is a collective work under Canadian law or under any other copyright law and is the property of Galerie. The elements appearing on this site may not be copied, reproduced, republished, downloaded, displayed, transmitted, distributed, or modified, in whole or in part, whether in textual, graphic, audio, video or executable form, without our prior written permission. Trademarks The graphic elements, logos, page headers, icons, scripts and names of services appearing in the Galerievieuxstjean.com Services or made available through them are trademarks or the image of Galerie du Vieux Saint-Jean, its licensors, collaborators or content providers, in Canada and in other countries. The trademarks or the image of Galerie may not be used in connection with products or services not under the control of Galerie if such use may cause confusion for customers or if it may be detrimental to Galerie. All other trademarks which do not belong to Galerie and which appear on the Galerievieuxstjean.com Services are the property of their respective owners, which may or may not be linked to Galerie. Authorization and access Subject to you complying with these terms of use and paying all applicable fees, Galerie or its content providers grant you limited, non-exclusive, non-transferable, and non-sublicensing permission, to access the Galerievieuxstjean.com Services and to make personal, non-commercial use of them. This authorization excludes:- Resale or commercial use of Galerievieuxstjean.com Services or their content;
- The use of any list of products, descriptions or prices;
- Any use derived from the Galerievieuxstjean.com Services or their content;
- Any downloading or copying of account information for the benefit of another merchant; and
- Any use of data exploration, collection and extraction tools.
2. TERMS AND CONDITIONS OF SALE
All purchases made on the Galerievieuxstjean.com site are governed by these terms and conditions of sale. Please read them carefully. By making a purchase on the Galerievieuxstjean.com site, you declare that you have read and understood the terms and conditions of sale and that you are bound by these conditions. Please note that we may change the terms and conditions of sale at any time without notice. Please read them before each of your purchases. Privacy policy Please read and understand Galerie’s privacy policy as it also governs the terms and conditions of the sale you are about to conclude via the Galerievieuxstjean.com site. The confidentiality policy is an integral part of the terms and conditions of any sale concluded via the Galerievieuxstjean.com site. The privacy policy is available by clicking on the following link: https://www.galerievieuxstjean.com/en/terms-of-use-privacy-policy/#section-III Product prices All prices displayed are in Canadian dollars and exclude taxes, as well as assembly. These displayed prices are valid only in Canada, and do not take into account the various exchange rates applicable in other jurisdictions or other circumstances which could affect the price. If so, please inform yourself about the circumstances that may affect the price in your jurisdiction. For customers residing in Canada and the United States, the price displayed on the “Shop” page includes delivery. For customers residing elsewhere than Canada or the United States, additional shipping charges may be added to the price displayed on the “Shop” page. Galerie reserves the right to modify its retail prices at any time without notice. Order When you purchase a product, you agree to provide us with a valid email address and shipping address, as well as valid billing information. (THE PROVISION OF THIS PARAGRAPH IS INAPPLICABLE FOR QUEBEC CONSUMERS) We reserve the right to refuse or cancel an order for any reason whatsoever, including an error or omission in the data you provide us. In such a case, if the payment has already been processed, we will issue a refund of the purchase price. We may require additional information from you before confirming the sale and we reserve the right to place any additional restrictions on the sale of our items. For the sale of items, we may pre-authorize your debit or credit card at the time you place the order, or we may charge your card at the time of shipment of the order. You agree to monitor your payment instrument. Payment When you make a purchase on the galerievieuxstjean.com site, you agree to use the external payment platform suggested by Galerie when submitting your order and providing a valid payment instrument. However, Galerie reserves the right to refuse any method of payment other than those suggested by the latter, at its sole discretion. If you provide us with a payment instrument, you represent that you have the right to use that payment instrument. When you make a payment, you authorize us and the payment service we use to charge the full amount to the payment instrument you have designated for the transaction. Only for the purposes of the transaction, you also authorize us to collect and record this payment instrument as well as any other information related to the transaction. If you are paying by debit or credit card, we may obtain a pre-authorization from the card issuer for an amount up to the total amount of the transaction. If you choose to cancel a transaction before it is complete, the funds used for the pre-authorization may not be immediately available in your account. (THE PROVISION OF THIS PARAGRAPH IS INAPPLICABLE FOR QUEBEC CONSUMERS) We reserve the right to cancel any transaction if we are of the opinion that the transaction violates these general conditions of use or if we are of the opinion that by doing so we can prevent financial loss. In order to prevent financial loss, you grant us the right to contact the issuer of your payment instrument, law enforcement authorities or any affected third party (including other users) and you authorize us to share the details of any payment to which you are associated if we believe that such action could prevent financial loss or a violation of the law. In store pick up If you choose to take possession of your order in store, you will receive a phone call or a written communication, and upon receipt of this communication, you will be able to pick up your order during Galerie opening hours. Please ensure that the vehicle used for the pick up is suitable for the safe transport of the merchandise in its original packaging. Galerie’s staff is not responsible for loading merchandise into your vehicle. Galerie cannot be held responsible if the merchandise cannot be loaded into the vehicle due to the dimensions and / or weight of the merchandise. (THE NEXT STIPULATION IS INAPPLICABLE FOR QUEBEC CONSUMERS) If you do not come to pick up your order after a period of 20 days following the order, Galerie will consider the sale resolved. If applicable, a 10% penalty charge will be withheld from the refund of your purchase. Galerie may sell the product to anyone following the date of resolution. Shipping and returns Please read and understand Galerie’s shipping and returns policy as it is an integral part of the terms and conditions of any sale made through the Galerievieuxstjean.com site. Galerie’s shipping and returns policy is available by clicking on the following link: https://www.galerievieuxstjean.com/en/terms-of-use-privacy-policy/#section-II Please also read and understand Galerie’s privacy policy as it is an integral part of the shipping and returns policy. The privacy policy is available by clicking on the following link: https://www.galerievieuxstjean.com/en/terms-of-use-privacy-policy/#section-III Availability of the artwork In the event of unavailability of a product for shipping and delivery, the buyer will be informed and agrees to wait for the product to become available and put on sale. Galerie does not consider the temporary unavailability of a product as a reason to cancel an order. However, Galerie undertakes to give the buyer an availability date for the product. Product descriptions (THE STIPULATION OF THIS PARAGRAPH IS INAPPLICABLE FOR QUEBEC CONSUMERS) Galerie tries to ensure the greatest possible accuracy on the Galerievieuxstjean.com site. However, Galerie does not guarantee that the description of the products or any other content of the Galerievieuxstjean.com Services is accurate, complete, reliable, up-to-date or free of error. If a product offered by Galerievieuxstjean.com does not conform to its description, your only recourse is to return it in its original condition. Product color The colors of the products presented on Galerievieuxstjean.com have been reproduced as faithfully as possible. However, because the colors displayed vary from one display device (such as a monitor) to another, Galerie cannot guarantee that the colors visible on your display device exactly match the actual colors of the products. You accept and take the risk through your online order that the products ordered may not correspond perfectly with what is presented on the website of Galerie. Disclaimer of warranties and limitation of liability THE LAWS OF CERTAIN JURISDICTIONS, IN PARTICULAR THE QUEBEC CONSUMER PROTECTION ACT, DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS OR THE EXEMPTION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OF THE EXEMPTIONS, EXCLUSIONS, OR LIMITATIONS SET FORTH BELOW, OR ALL OF THEM, MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. THE GALERIEVIEUXSTJEAN.COM SITE AND ALL INFORMATION, CONTENT, MATERIALS AND OTHER SERVICES INCLUDED THEREIN OR THAT ARE OTHERWISE MADE AVAILABLE TO YOU THROUGH GALERIEVIEUXSTJEAN.COM SERVICES ARE PROVIDED “AS IS” BY GALERIE AND “DEPENDING ON AVAILABILITY”. (The next stipulation is inapplicable for Quebec consumers) UNLESS SPECIFIC WRITTEN INDICATION TO THE OTHER EFFECT, GALERIE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE GALERIEVIEUXSTJEAN.COM SERVICES OR THE INFORMATION, CONTENT, ITEMS, PRODUCTS OR SERVICES INCLUDED IN THE GALERIEVIEUXSTJEAN.COM SERVICES. COM OR WHICH ARE OTHERWISE MADE AVAILABLE TO YOU THROUGH THEM, UNLESS SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE GALERIEVIEUXSTJEAN.COM SERVICES IS AT YOUR SOLE RISK. (The following stipulation is inapplicable for Quebec consumers) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GALERIE EXCLUDES ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED (INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). GALERIE DOES NOT GUARANTEE THE ABSENCE OF VIRUSES OR OTHER HARMFUL COMPONENTS IN THE GALERIEVIEUXSTJEAN.COM SERVICES, IN THE INFORMATION, CONTENT, ITEMS, PRODUCTS OR OTHER SERVICES INCLUDED IN THE GALERIEVIEUXSTJEAN.COM SERVICES OR PROVIDED TO YOU AVAILABLE THROUGH THESE SERVICES, ON ITS SERVERS, ELECTRONIC COMMUNICATIONS OR IN EMAILS FROM GALERIEVIEUXSTJEAN.COM SERVICES. GALERIE SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES ARISING FROM THE USE OF THE GALERIEVIEUXSTJEAN.COM SERVICES OR ANY INFORMATION, CONTENT, ELEMENTS, PRODUCTS OR SERVICES INCLUDED IN THE GALERIEVIEUXSTJEAN.COM SERVICES OR OTHERWISE PROVIDED TO YOU. THROUGH GALERIEVIEUXSTJEAN.COM SERVICES, INCLUDING IN PARTICULAR ANY DIRECT, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES, UNLESS SPECIFICALLY SPECIFICALLY STATED. Applicable laws and disputes These terms and conditions and any dispute that may arise between you and Galerie are governed by the law of the Province of Quebec, without regard to its conflict of laws rules, and by the laws of Canada which apply therein, and all litigation will be submitted to the courts of competent jurisdiction of the district of Iberville, province of Quebec, Canada, to the exclusion of any other jurisdiction. Site policies, modifications and divisibility Galerie reserves the right to make changes at any time to Galerievieuxstjean.com, its policies and these terms of use. If any of these conditions should be deemed invalid, void or for any unenforceable reason, said condition will be considered severable and will not affect the validity and enforceability of the other conditions. Contact information Galerie does business under the name Galerie du Vieux Saint-Jean. Its contact details are as follows:Address : 208 Richelieu Street
Saint-Jean-sur-Richelieu (Quebec) J3B 6X8
Phone : 450-741-3939
Email: info@Galerievieuxstjean.com
Website : Galerievieuxstjean.com
II.SHIPPING AND RETURNS POLICY
EFFECTIVE DATE: September 25th, 2020 Please read and understand Galerie’s shipping and returns policy as it is an integral part of the terms and conditions of any sale made through the Galerievieuxstjean.com site. The terms and conditions of any sale concluded via the Galerievieuxstjean.com site are available by clicking on the following link: https://www.galerievieuxstjean.com/en/terms-of-use-privacy-policy/#section-I Privacy policy Please read and understand Galerie’s privacy policy as it is an integral part of this shipping and returns Policy. The privacy policy is available by clicking on the following link: https://www.galerievieuxstjean.com/en/terms-of-use-privacy-policy/#section-III Delivery As soon as payment for the purchase is completed and delivery and handling charges have been paid, Galerie will coordinate the delivery process with the carrier. However, Galerie assumes no responsibility for transport, delivery or handling, nor does it guarantee the carrier’s obligations. Carrier If the buyer wishes to use his own delivery service, he must notify Galerie at the time of ordering and must either:- Provide Galerie with its account number and the contact details of the carrier; or
- Proceed to the shipping request himself with his carrier. If applicable, the customer must coordinate the pick-up and transport service and consult the conditions of the chosen carrier.
III. PRIVACY AND PERSONAL INFORMATION PROTECTION POLICY
EFFECTIVE DATE: September 25th, 2020 Galerie strictly controls how the personal information you provide it is collected, used and disclosed. This privacy and personal information protection policy is the one applied by Galerie. By using the Galerievieuxst-jean.com website, you expressly consent to this privacy policy. This privacy policy is an integral part of the terms and conditions of use of the site, the terms and conditions of sale, and the shipping and returns policy. These terms and conditions are available by clicking on the following link: https://www.galerievieuxstjean.com/en/terms-of-use-privacy-policy/#section-I The shipping and returns policy is available by clicking on the following link: https://www.galerievieuxstjean.com/en/terms-of-use-privacy-policy/#section-II Galerie reserves the right to update or modify this privacy policy at any time and from time to time without notice. Please review this policy periodically, and, in particular before providing information. This privacy policy was last updated on the date indicated above. If you continue to use the services after any modification or revision of this privacy policy, it means that you accept the revised terms of the privacy policy. Personal information collected by Galerie When you use the services of Galerievieuxstjean.com, you expressly consent that the information collected about you on the Galerievieuxstjean.com site or in store be used by Galerie to conclude any sale, to provide customer service and communication and to personalize and constantly improve the services rendered. We collect the information you provide to us, the usage data and the information about your device. We also collect information about you from other sources, such as third-party services and optional programs in which you participate, which we may combine with other information we have about you. This information is stored in Galerie’s secure computer databases. The data is hosted in Canada. Upon request made to Galerie for this purpose, you have the right to rectify or withdraw your information. Here are the types of information we collect about you:- Information you provide: You expressly consent that Galerie collects, uses and stores any information that you enter on Galerievieuxstjean.com or that you provide to it in any other way.
- Respond to your requests;
- Follow up on orders;
- Prepare personalized purchase suggestions;
- Improve the products and services offered, in particular through statistics;
- Manage the website;
- Send promotional offers;
- Communicate with you;
- Meet legal requirements or in the case of lawsuits.
- Last name;
- First name;
- Address;
- Postal code;
- Email address;
- Telephone and / or fax number.
- Website registration form;
- Order form;
- Survey;
- Questionnaire on user satisfaction.
- Information Collected Automatically: You expressly consent to Galeire automatically receiving and storing certain information, including the IP address used to connect your computer to the Internet, information about your system and your connections, such as the type and the version of your browser, the time setting according to your time zone, the types and versions of additional software for your browser, your operating system and your use of the Galerievieuxstjean.com site. Galerie also analyzes your purchase history (which Galerie sometimes correlates with the purchase history of other consumers to build lists of top sellers, for example), the full URL journey to, through and from the Galerievieuxstjean.com site, including the date and time of connection, the products you have viewed or searched for and your cookie number. Browsing information such as cookies, Flash cookies (also called Flash Local Shared Objects) or other similar information on certain parts of the Galerievieuxstjean.com site are used for fraud prevention or other purposes. During some of your visits, Galerie may use software tools such as JavaScript to measure and collect information related to your session, including web page response times, download errors, time spent viewing, certain pages, information related to the interaction with the page (such as scrolling, clicks made and hover effect) as well as the methods used to exit the page. Galerie may also collect technical information to help identify your device for fraud prevention and diagnostic purposes.
- Email communication: In order to create more useful and interesting emails, you expressly consent to Galerie receiving a confirmation when you open emails from Galerievieuxstjean.com, if your computer supports this function. Furthermore, if you do not wish to receive emails or other type of mail from us, please update your preferences on your Email Profile, accessible from the footer of Galerie newsletters you will receive.
- Information from other sources: You expressly consent and authorize Galerie to collect some of your personal information from third parties and that this information be added to the information recorded in your account in order to conclude any sale, to provide service to customers and communication, to personalize and constantly improve the services rendered with its customers.
- IP adress;
- Operating system;
- Pages visited and requests;
- Time and day of connection;
- Content of the payment basket;
- Origin of users / visitors to the site.
- Improvement of service and personalized welcome;
- Creation of personalized consumption profiles;
- Order tracking;
- Statistical studies;
- Google;
- Facebook;
- Instagram;
- Mailchimp;
- WordPress;
- WooCommerce;
- Paypal;
- Comply with any contractual obligation, applicable national, federal, provincial or local law, any civil, criminal or regulatory investigation, any judicial instruction or proceeding, or any enforceable government request;
- Respond to legal process (such as a search warrant, subpoena, subpoena, or court order);
- Fight fraud and enforce our Terms of Service;
- Cooperate with law enforcement agencies with respect to behavior or activities that we reasonably believe in good faith may violate national, federal, provincial or local laws; and
- Exercise or defend against legal actions, protect against attacks on our rights, property, interests or security or the rights, property, interests or security of our Users, third party or the public, as required or permitted by law.