1. Introduction
1.1. Welcome to the website www.lebruloir.com, made available to you by (hereinafter referred to as "www.lebruloir.com"). For your protection and ours, we have established these general terms and conditions as a user of our online store service ("Online Store User Conditions").
1.2. The General Terms and Conditions of Use also apply to any other site owned by www.lebruloir.com that you may access from time to time. Your acceptance of these Online Store Terms and Conditions also applies to any other site offered by LE BRULOIR with necessary adjustments.
1.3. LE BRULOIR offers the User an Online Store Service, marketed under the LE BRULOIR brand, managed by a shared software system used to manage orders for goods and services sold by LE BRULOIR’s Online Store Users (hereinafter referred to as the "Online Store Service").
1.6. Since these clauses may be modified without prior notice, we encourage Online Store Users to regularly review this page. Any modifications to these terms will be added to this page, and it is understood that your use of the Online Store Service following any amendments constitutes your acceptance of the revised terms.
1.7. You are fully responsible for your use of the Service. If you are dissatisfied with certain aspects of the Service or the Online Store Terms and Conditions, your only remedy is to cease using it.
WHEREAS LE BRULOIR has implemented, offers, and operates an Online Store Service based on shared software made available to Online Store Users by LE BRULOIR.
WHEREAS to allow Online Store Users to sell products and services through the Online
Store Service, the Online Store User has decided to exercise the right to use this Online Store Service offered by LE BRULOIR.
The Parties agree to comply with all clauses of this Agreement.
2. Definitions
2.1. In this agreement, the following words and expressions shall have the meaning ascribed to them as follows:
Internet User: A natural or legal person connected to the Internet, using it for operations such as browsing websites, purchasing services, or products online. Account: Refers to the exclusively private space located on the Online Store User's site provided by LE BRULOIR under this Agreement.
Agreement: Refers to this Agreement, as it may be amended from time to time by LE BRULOIR.
Online Store: Offered by LE BRULOIR, it allows for the setup, tracking, and management of orders for products and services provided by the Online Store User with a secure payment service provided by Shopify or others according to the terms of this service that the Internet User agrees to comply with.
Online Store User: A natural or legal person who has entered into an agreement with LE BRULOIR to use the Online Store Service in accordance with the terms of this Agreement.
3. Purpose
3.1. This Agreement aims to define the terms and conditions that apply to any Online Store User.
4. Consideration
4.1. The Agreement is valid and binding consideration but does not include monetary compensation for the Online Store User towards LE BRULOIR unless otherwise specified in this Agreement.
5. Representations of the Online Store User
5.4. In the event that the Online Store User modifies the source code of the shared software, LE BRULOIR cannot be held liable for updates overwriting the modifications. You may request removal from the update service by sending an email to the following address: info@lebruloir.com. Please ensure you receive a confirmation email from LE BRULOIR to confirm your removal from the update service before proceeding with changes to the shared software's source code.
5.5. The Online Store User declares that they have received all relevant information about the functionalities of LE BRULOIR's online store from LE BRULOIR.
5.7. You are responsible for all taxes associated with the products and services sold through your online store. All payments made to you by LE BRULOIR are deemed to include all taxes and will not be adjusted.
5.8. The Online Store User declares, in accordance with the General Terms and Conditions of Use, to indemnify LE BRULOIR for any damages resulting from inaccuracies in the declarations of this Agreement and guarantees it against any claims that may be brought by third parties in connection with or during the conclusion of this Agreement.
5.9. The Online Store User declares that, under all circumstances, they are solely responsible for the entirety of the content and functioning of their websites and that LE BRULOIR cannot be held liable in any way.
5.10. Although the Online Store Service is included in your subscription package with LE BRULOIR, the Online Store User is responsible for payment of any other fees associated with using additional features of LE BRULOIR's sites, if applicable, as set out in this Agreement, along with all applicable taxes.
6. LE BRULOIR’s Commitment
6.1. To enable the execution of the services outlined in the Agreement, LE BRULOIR undertakes to provide the Online Store User with all necessary information and elements for implementing an Online Store Service on the Online Store User's site.
7. Obligations of the Online Store User
7.1. The Online Store User undertakes to strictly comply with the rules and guidelines communicated by LE BRULOIR regarding the proper functioning of the Online Store Service.
7.2. The Online Store User agrees to use the Online Store Service for lawful purposes only and in compliance with all applicable laws and regulations.
7.3. The Online Store User agrees not to engage in any fraudulent, deceptive, or unethical practices in the use of the Online Store Service.
7.4. The Online Store User is solely responsible for any content (including product descriptions, pricing, and promotional materials) published on their Online Store and agrees to indemnify LE BRULOIR against any claims or liabilities arising from such content.
8. Intellectual Property Rights
8.1. LE BRULOIR retains all intellectual property rights related to the shared software and the Online Store Service.
8.2. The Online Store User is granted a non-exclusive, non-transferable right to use the Online Store Service during the term of this Agreement, solely for the purpose of managing their Online Store.
8.3. The Online Store User agrees not to modify, reproduce, distribute, or create derivative works based on the shared software without the prior written consent of LE BRULOIR.
9. Limitation of Liability
9.1. LE BRULOIR provides the Online Store Service "as is" and makes no warranties, express or implied, regarding the availability, performance, or suitability of the Service for the Online Store User's specific needs.
9.2. LE BRULOIR shall not be held liable for any damages, including but not limited to, loss of profits, data, or business opportunities arising from the use or inability to use the Online Store Service.
9.3. The Online Store User acknowledges that they use the Online Store Service at their own risk and that LE BRULOIR’s liability, if any, is limited to the amount paid by the Online Store User for the Service during the 12 months preceding the claim.
10. Termination
10.1. Either party may terminate this Agreement by providing a 30-day written notice to the other party.
10.2. LE BRULOIR reserves the right to immediately suspend or terminate the Online Store Service without notice in the event of a breach of the terms of this Agreement by the Online Store User.
10.3. Upon termination of this Agreement, the Online Store User’s access to the Online
Store Service will be revoked, and any data or content stored on the Service may be deleted.
11. Privacy and Data Protection
11.1. LE BRULOIR agrees to handle any personal data collected through the Online Store Service in compliance with applicable data protection laws and its privacy policy. 11.2. The Online Store User is responsible for ensuring that their Online Store complies with all applicable privacy and data protection regulations, including obtaining consent from customers where required.
12. Governing Law and Dispute Resolution
12.1. This Agreement shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada.
12.2. Any disputes arising from or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Montreal, Quebec.
13. Entire Agreement
13.1. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any prior agreements or understandings, whether written or oral.
