Terms & Conditions

Our terms and conditions were last updated on March 4, 2024. Please read these conditions carefully before using our service.

These terms and conditions govern the use of this service and the agreement between you and the company. These terms and conditions define the rights and obligations of all users with respect to the use of the service.

Your access to and use of the service is conditional upon your acceptance of and compliance with these terms and conditions. These terms and conditions apply to all visitors, users and other persons who access or use the service.

By accessing or using the service, you agree to be bound by these terms and conditions. If you do not agree with any part of these terms and conditions, you may not access the service.

You declare that you are over 18 years of age. The company does not authorize anyone under the age of 18 to use the service.

Your access to and use of the Service is also conditional upon your acceptance of and compliance with the Company’s Privacy Policy. Our Privacy Policy describes our policies and procedures regarding the collection, use and disclosure of your personal information when you use the website, and informs you of your privacy rights and the legal protection of your data. Please read our privacy policy carefully before using our service.

 

User accounts

When you create an account on our site, you must provide accurate, complete and up-to-date information at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our service.

You are responsible for safeguarding the password you use to access the Service and for all activities that occur under your password, whether your password is linked to our Service or to a third-party social media service.

You agree not to disclose your password to any third party. You must notify us immediately of any breach of security or unauthorized use of your account.

You may not use another person’s or entity’s name as your username if it is not legally available for use, a name or trademark that is subject to rights of another person or entity other than you without proper authorization, or a name that is otherwise offensive, vulgar or obscene.

 

Content

Your right to publish content

Our service allows you to publish content. You are responsible for the content you post, including its legality, reliability and appropriateness.

By posting content on the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce and distribute such content on the Service. You retain all of your rights to all Content that you submit, publish or display on the Service, and you are responsible for protecting those rights. You agree that this license includes the right for us to make your content available to other users of the service, who may also use your content in accordance with these terms.

You represent and warrant that :

1. the Content is owned by you or you have the right to use it and grant us the rights and licenses as set forth in these Terms, and
2. the publication of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

 

Content restrictions

The company is not responsible for the content of users of the service. You expressly understand and agree that you are solely responsible for all content and activity that occurs under your account, whether caused by you or anyone else using your account.

You may not transmit any content that is unlawful, offensive, objectionable, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of objectionable content include, but are not limited to, the following:

• Illegal or promotion of illegal activity.
• Defamatory, discriminatory or malicious content, including references or comments about religion, race, sexual orientation, gender, national/ethnic origin or other targeted groups.
• Spam, randomly generated content, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation or any form of lottery or gambling.
• Containing or installing viruses, worms, malware, Trojan horses or other content designed or intended to disrupt, damage or limit the functionality of any software, hardware or telecommunications equipment, or to damage or gain unauthorized access to any data or other information of any third party.
• Violate the proprietary rights of any party, including patents, trademarks, trade secrets, copyrights, publicity rights or other rights.
• Impersonating any person or entity, including the company and its employees or representatives.
• Violating the privacy of any third party.
• Providing false information or characteristics.

The company reserves the right, but not the obligation, to determine, at its sole discretion, whether content is appropriate and complies with these conditions, to refuse or remove such content. The company also reserves the right to make formatting changes and to modify the manner in which content is presented. The company may also limit or revoke use of the service if you post objectionable content. Since the company cannot control all content posted by users and/or third parties on the service, you agree to use the service at your own risk. You understand that by using the service, you may be exposed to content that you may find offensive, indecent, improper or objectionable, and you agree that under no circumstances will the company be liable in any way for the content, including any errors or omissions in the content, or for any loss or damage of any kind incurred as a result of your use of the content.

 

Content backup

Although regular backups of content are made, the company does not guarantee that there will be no data loss or corruption.

Corrupt or invalid backup points may be caused, without limitation, by content corrupted prior to being backed up or modified during the backup process.

The company will provide support and attempt to resolve any known or discovered problems that may affect content backups. However, you acknowledge that the company assumes no responsibility for the integrity of the content or the inability to successfully restore the content to a usable state.

You agree to maintain a complete and accurate copy of all Content in a location independent of the Service.

 

Intellectual property and copyright

Intellectual property

The Service and its original content (excluding content provided by you or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The service is protected by copyright, trademark and other laws both at home and abroad.

Our trademarks and branding may not be used in connection with any product or service without the prior written consent of the company.

 

Infringement of intellectual property rights

We respect the intellectual property rights of others. It is our policy to respond to any claim that content posted on the service infringes someone’s copyright or other intellectual property rights.

If you are a copyright owner or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that occurs through the service, you must submit your notice to us in writing and include in it a detailed description of the alleged infringement.

You may be held liable for damages (including costs and attorneys’ fees) for misrepresenting that content infringes your copyright.

 

Orders

By placing an order for products through the service, you warrant that you are legally capable of entering into contractual commitments.

 

Your information

If you wish to place an order for products available on the Service, you may be asked to provide certain information relevant to your order, including, without limitation, your name, e-mail address, telephone number, credit card number, credit card expiration date, billing address and shipping information.

You represent and warrant that: (i) you have the legal right to use any credit or debit card in connection with any order; and (ii) the information you provide is true, correct and complete.

By submitting such information, you grant us the right to provide such information to third party payment processors for the purpose of facilitating the fulfillment of your order.

 

Order cancellation

We reserve the right to refuse or cancel your order at any time for certain reasons, including, but not limited to:

• Product availability
• Errors in product description or pricing
• Errors in your order

We reserve the right to refuse or cancel your order in the event of suspected fraud or unauthorized or illegal transactions.

 

Rights to cancel your order

All products purchased may only be returned or refunded in accordance with these terms and conditions.

 

Availability, errors and inaccuracies

We constantly update our product offerings on the service. Products available on our service may be mispriced, incorrectly described or unavailable, and we may experience delays in updating information about our products on the service and in our advertisements on other websites.

We cannot guarantee the accuracy or completeness of information, including prices, product images, specifications, availability and services. We reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice.

 

Pricing policy

The company reserves the right to revise its prices at any time before accepting an order.

Prices quoted may be revised by the company after acceptance of an order in the event of the occurrence of an event affecting delivery caused by government action, variation in customs duties, higher shipping costs, higher exchange costs and any other matter beyond the company’s control. In such cases, you will have the right to cancel your order.

 

Payment

Payment can be made by various methods we have available, such as credit card payment or online payment methods (Stripe, for example).

Payment cards (credit or debit cards) are subject to validation checks and authorization by your card issuer. If we do not receive the required authorization, we will not be responsible for any delay or non-delivery of your order.

 

Promotions

Any promotion offered by the service may be subject to rules separate from those in these terms and conditions.

If you are participating in a promotion, please review the applicable rules as well as our privacy policy. If the rules of a promotion conflict with these terms and conditions, the rules of the promotion will prevail.

Your comments about us

You assign all right, title and interest in and to any comments you provide to the Company. If, for any reason, such assignment is ineffective, you agree to grant the company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to reproduce, disclose, sublicense, distribute, modify and exploit such comments without restriction.

 

Links to other websites

Our service may contain links to third-party Web sites or services that are not owned or controlled by the company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third-party Web sites or services. You further agree that the company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, products or services available on or through any third-party website or service.

We strongly recommend that you read the terms and conditions and privacy policies of any third-party website or service you visit.

 

Termination

We may terminate or suspend your account immediately, without notice or liability, for any reason, including, but not limited to, if you violate these terms and conditions.

Upon termination, your right to use the service will cease immediately. If you wish to terminate your account, you may simply stop using the service. All provisions of the Terms and Conditions that by their nature should survive termination will survive termination, including, without limitation, ownership, disclaimers, indemnities and limitations of liability.

 

Limitation of Liability

Notwithstanding any damages you may suffer, the total liability of the company and any of its suppliers under any provision of these terms and conditions and your exclusive remedy for any of the foregoing shall be limited to the amount actually paid by you through the service.

To the maximum extent permitted by applicable law, in no event will the company or its suppliers be liable for any special, incidental, indirect or consequential damages whatsoever (including, but not limited to, damages resulting from loss of profits, loss of data or other information, business interruption, personal injury, loss of confidentiality arising out of the use or inability to use the service, third-party software and/or third-party hardware used in connection with the service, or otherwise in connection with any provision of these terms), even if the company or any of its suppliers has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

 

“AS IS” and “AS AVAILABLE” disclaimer

The service is provided to you “AS IS” and “AS AVAILABLE” and with all faults and imperfections, without warranty of any kind. To the maximum extent permitted by applicable law, the company, on its own behalf and on behalf of its affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, as well as warranties that may arise from trade practice, course of performance, usage or course of dealing. Without limiting the foregoing, the company makes no warranties or representations of any kind that the service will meet your requirements, achieve expected results, be compatible or function with any other software, application, system or service, operate uninterrupted, meet performance or reliability standards or be error-free or that errors or defects can be corrected.

Without limiting the foregoing, neither the company nor any of its suppliers makes any representation or warranty of any kind, express or implied:

1. as to the operation or availability of the service, or the information, content and materials or products included therein;
2. that the service will be uninterrupted or error-free;
3. as to the accuracy, reliability or currency of any information or content provided through the service; or
4. that the service, its servers, content or e-mail sent from the company are free of viruses, scripts, Trojan horses, worms, malware, time bombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain warranties or limitations of statutory rights applicable to consumers, so some or all of the above exclusions and limitations may not apply to you. However, in such a case, the exclusions and limitations set out in this section will be applied to the fullest extent permitted by applicable law.

 

Applicable law

These terms and conditions shall be governed by and construed in accordance with the laws of the Province of Quebec, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these terms and conditions shall not be deemed a waiver of such right or provision. If any provision of these terms and conditions is found by a court to be invalid or unenforceable, the remaining provisions of these terms and conditions will remain in full force and effect. These terms and conditions constitute the entire agreement between us with respect to our service and supersede and replace any prior agreements we may have with respect to the service.

 

Dispute resolution

If you have any concerns or disputes about the service, you agree to first try to resolve the dispute informally by contacting the company.

 

Severability and waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision shall be modified and construed to achieve the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions shall remain in full force and effect.

 

Waiver

Except as otherwise provided herein, the failure to exercise any right or require performance of any obligation under these Terms shall not affect the ability of any party to exercise such right or require such performance thereafter, nor shall the waiver of any breach constitute a waiver of any subsequent breach.

 

Changes

We reserve the right, at our sole discretion, to modify or replace these terms and conditions at any time. If a revision is a material change, we will send you at least 30 days’ notice before the new terms take effect. This notice will be clearly posted on our website. This notice will allow you to review the new terms before they become effective, and you can then decide whether you wish to continue using our service.

If you continue to use our service after these changes have taken effect, you accept the new terms. If you do not agree to the new terms, please discontinue using our service.

 

Contact us

If you have any questions about these conditions, please contact us by email at info@nutreeshop.com