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Copyright ©2013 QualiGourmet
Design: 5sur5 Communication Marketing
Design: 5sur5 Communication Marketing
SALES TERMS AND CONDITIONS
These sales terms and conditions (the "Terms") apply to all purchase of products on the website www.qualigourmet.ca (the "Website") and shall not modify the terms or conditions of any other agreement concluded between the client (the "Purchaser") and Qualigourmet. The Purchaser expressly acknowledges accepting without reservation the said Terms, notwithstanding any general terms of purchase he may be bound to.
- AVAILABILITY OF THE PRODUCT
The products offered and sold on the Website may occasionally not be available as and when required and at the price indicated. If a product is not available at time of shipment, the available products will be shipped. Qualigourmet will contact the Purchaser concerning the backordered products to inform him of the estimated date of shipment and/or to suggest alternative products, as required.
- ONLINE PRICE
The prices indicated are in Canadian Dollars and do not include the applicable taxes, such as Québec's Provincial Sales Tax (PST) and the federal Good and Services Tax (GST).
- PURCHASER'S INFORMATION AND CREDIT CARD PAYMENT
To order products on the Website, the Purchaser shall provide his name, billing address, shipping address, phone number and email address for customer service purposes. This information will be saved in a secured database to allow Qualigourmet to process the order.
The Purchaser shall also provide with the required for credit card payment (credit card number, expiry date, cardholder's name) which will be immediately scripted for security purposes. This information will not be saved.
The credit card payment is processed by Paypal on the date the order is received. Only credit cards (Visa, MasterCard, American Express) issued from a recognized financial institution are accepted. Before charging the credit card, an authorization must be obtained for the amount of the order. Once authorized, the order may be placed and the credit card will be charged to the Purchaser.
Personal cheques, payment at delivery and money orders are not accepted.
All credit cards must be valid and authentic. The Purchaser shall be authorized to use it. If the charge is not authorized or accepted, Qualigourmet reserves the right to cancel the order without prior notice and without any liability or obligation towards the Purchaser. At any time, Qualigourmet reserves the right to stop accepting credit cards from one or more issuers.
- ORDERS PROCESSING
Once Qualigourmet receives the order, an email confirming the order is sent to the Purchaser. The order is processed within the following twenty-four (24) hours.
Shipping fees are bound to the Purchaser and vary according to the delivery delay selected for the order.
Qualigourmet delivers throughout Canada only and does not deliver to postal boxes and in certain geographic regions of Canada with limited access. Deliveries are made during business hours, from 9 am to 5 pm, Eastern Time and the Purchaser must provide an address that is accessible during such hours.
Due to the perishable nature of the products, all orders will be shipped via Purolator for delivery the following day. Delivery costs are calculated according to the weight of the order on the basis of rates currently negotiated between Purolator and Qualigourmet. If the product ordered is non-perishable, another delivery date can be selected on the Website, thus leading to lower delivery costs. An email confirming the shipment with updated tracking information (if possible), including an estimated date of delivery will be sent when the order is handed to the carrier.
- COMPLIANCE WARRANTY
Qualigourmet guarantees that the shipped products comply with the order. For every delivery, the quantity received is presumed to be the quantity ordered by the Purchaser, unless the Purchaser can provide conclusive evidence of the contrary within two (2) days after the date of the delivery. Any claim concerning the quantity or quality of products delivered may be done in writing, immediately upon delivery, on the delivery slip given by the carrier or by letter to Qualigourmet sent by registered mail within a maximum delay of two (2) days following the date of delivery.
- MODIFICATION AND CANCELLATION OF ORDERS
Each order is processed electronically. Therefore, no change or cancellation can be made once the order is received by Qualigourmet.
- EXCHANGE AND RETURN
Products can be exchanged or returned to Qualigourmet within five (5) days after delivery, provided that they remain in their original packaging and that the Purchaser has complied with the instructions for preservation of the product specified on the package. The Purchaser must contact Qualigourmet prior to any return or exchange in order to obtain an authorization number, which should appear on the return package. The refund will be credited to the account of the Purchaser. Such credit is valid for one (1) year from the date of the refund.
- RESERVATION OF RIGHTS
Subject to applicable laws, Qualigourmet:
a) reserves the right to change at any time and from time to time, without notice and without liability to anyone, including the Purchaser, the products advertised or offered for sale on the Website, the prices and specifications of these products and any offer; b) reserves the right to limit the quantities sold or offered for sale; c) does not guarantee that the Website or the documents contained thereon are complete, updated or error free; d) reserves the right to cancel an order, to terminate it or not to process it (including accepted orders) if the price or any other important information on the Website is incorrect; e) reserves the right to cancel an order if the stock of a product are no longer sufficient to process an order or if a product is no longer available. In such event, Qualigourmet will notify the Purchaser that his order has been cancelled and will credit his account according to the method of payment used.
Qualigourmet trusts the information that the Purchaser provides on the Website in order to ship his order. The Purchaser declares:
a) that all information, including name, billing address, delivery address, credit card number and expiry date, are up-to-date, accurate and complete; b) to be solely responsible for any damages, costs, loss or claim which the Purchaser, Qualigourmet, or any other person may suffer or incur as a result of a failure to provide up-to-date, accurate and complete information.
Qualigourmet may collect, use and disclose the Purchaser's personal information to ensure the operation of its business and fulfill its obligations hereby or as otherwise required or permitted by law.
- MODIFICATION OF THE TERMS
Qualigourmet reserves the right to modify these Terms at its sole discretion and only Qualigourmet has the right to do so. If the Terms are changed, a new version of the Terms will be posted on the Website and the date of the latest update will be indicated. A modification of the Terms shall enter into force immediately upon posting of the revised version. Any order placed on the Website after the entry into force of the revised Terms shall be subject to the revised Terms.
In the event that any one of the provisions in the present Terms, for any reason whatsoever, is declared in full or in part, illegal, inapplicable, null or unreasonable, the other provisions shall remain effective and applicable as if the present Terms have been concluded without the invalid provision, the said provision will be replaced by a valid provision which scope will be as similar as possible.
- GOVERNING LAW AND JURISDICTION
The Terms shall be governed and interpreted by the Laws of Quebec and Canada. Any dispute related to the Terms, along as any contract falling under said Terms, shall be subject to the exclusive jurisdiction of the courts of the Province of Quebec, in the judicial district of Montréal.
THE PURCHASER ACKNOWLEDGES HAVING READ THESE GENERAL TERMS AND CONDITIONS AND AGREES TO THE TERMS THEREIN.