Terms and Conditions

This Agreement (the "Agreement") sets forth the terms and conditions that apply to the purchase of products and/or services (the "Products") from BOPIED Group Inc. ("BOPIED") through the website www.bopied.com. BOPIED reserves the right to modify these terms and conditions without notice and at its sole discretion. The terms "you" and "your" refer to the person purchasing products through the website www.bopied.com.

PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THIS WEBSITE TO PURCHASE PRODUCTS ONLINE, YOU ACCEPT THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM AND YOU REPRESENT THAT YOU ARE OF THE AGE OF MAJORITY TO ENTER INTO THIS AGREEMENT AND TO BE BOUND BY ITS PROVISIONS. THIS AGREEMENT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AND SETS FORTH THE RESTRICTIONS AND EXCLUSIONS TO WHICH YOU MAY BE SUBJECT. IT ALSO CONTAINS A DISPUTE RESOLUTION CLAUSE, SET FORTH IN SECTION 13. AS MORE FULLY EXPLAINED IN SECTION 11 OF THIS AGREEMENT, UNLESS OTHERWISE STATED IN THIS AGREEMENT, BOPIED MAKES NO REPRESENTATIONS AND GIVES NO WARRANTIES WITH RESPECT TO THE PRODUCTS YOU PURCHASE THROUGH THIS WEBSITE AND BOPIED'S LIABILITY IS LIMITED IN ACCORDANCE WITH SECTION 11.

1. AUTHORIZATION TO USE ELECTRONIC DOCUMENTS

You hereby authorize the exchange of documents and information between you and BOPIED via the Internet or by e-mail and you agree that this Agreement (as well as any applicable order confirmation accepted by BOPIED, as indicated in Section 3) in electronic form is equivalent to a written original agreement between you and BOPIED. You also agree that all agreements, notices, information and other communications that we send to you electronically satisfy the legal requirements that these communications be in writing.

2. OTHER DOCUMENTS, AGREEMENTS AND POLICIES

The use of this website is governed by separate Website Terms of Use and by our Privacy Policy (the "Other Policies"). You declare that you have read the Other Policies and you agree to be bound by their terms and conditions. Notwithstanding the foregoing, the provisions of this Agreement (including the dispute resolution clause in Section 13) take precedence over the provisions of the Other Policies; in the event of any incompatibility between the provisions of this Agreement and those of the Other Policies, the provisions of this Agreement shall apply. Other terms and conditions may apply to product purchases and the use of other sections of this website.

3. ORDER

Before transmitting an order for products through this website, you must first go through an order confirmation window (the "order confirmation") which presents, among other things, the product(s) to be ordered, the purchase price, as well as the shipping costs and applicable taxes. Subject to any contrary provision contained in the Consumer Protection Act applicable in Quebec, when you transmit your order (by clicking on the "Confirm Order" button), the order thus transmitted constitutes an offer made by you to BOPIED for the purchase of the products described in the order confirmation, according to the prices, other charges and other terms and conditions presented in the order confirmation. An order is not binding on BOPIED until it has accepted it. BOPIED's acceptance of your order is evidenced by an email sent by BOPIED.

4. CANCELLATION

BOPIED reserves the right, at its discretion, to limit quantities, terminate an account, and refuse or cancel an order, including after an order has been transmitted, even if the order has been confirmed and billed to your credit card. If your order is canceled after your payment has been processed, you will be fully refunded by BOPIED.

5. PRICE

All prices are in Canadian dollars. While BOPIED strives to provide accurate product information and accurate pricing, there is a risk of error. BOPIED reserves the right to correct erroneous prices and information and to change product prices at any time without notice. BOPIED cannot confirm a product price until your order has been placed. Without limiting the generality of Section 4, if the price or information relating to a product (as presented on the website www.bopied.com and/or in the order confirmation) is erroneous, BOPIED may, at its discretion, refuse or cancel your order before or after accepting it. If a price is erroneous, BOPIED will cancel your order and the charged fees and will contact you to ask you to place a new order at the correct price.

6. PAYMENT TERMS

Payment terms are established by BOPIED, at its discretion. Payment will be made by credit card, unless another predetermined payment method has been accepted by BOPIED. Credit card payments must be approved by the financial institution that issued the credit card.

7. PRODUCT AVAILABILITY

The availability of certain products may be limited and products may not be delivered immediately. BOPIED may modify or withdraw products at any time without notice. If an ordered product is not available, BOPIED will notify you by email and your order will be automatically canceled with respect to that product; however, BOPIED may, at its discretion, contact you to allow you to maintain your order subject to a new delivery date established according to the possible availability of the product.

PRODUCTS SOLD AND/OR DISTRIBUTED BY BOPIED ARE OFFERED ONLY IN CANADA AND THE WEBSITE IS INTENDED ONLY FOR CURRENT AND POTENTIAL CUSTOMERS IN THAT COUNTRY.

8. SHIPPING COSTS; TAXES

BOPIED will arrange for the shipment of ordered products according to the delivery method you have chosen and to the address indicated in the order confirmation. PRODUCTS WILL BE SHIPPED ONLY IN CANADA. Delivery times indicated by BOPIED are approximate. BOPIED is not responsible for damages or costs resulting from delivery delays. Unless otherwise indicated, prices do not include shipping and handling charges or applicable federal and provincial sales taxes. Shipping and handling charges and taxes will be billed separately in the order confirmation, as applicable. You must pay all sales taxes, use taxes, goods and services taxes, harmonized sales taxes and other taxes and duties related to the order.

Tax charges are calculated based on the shipping and/or delivery address associated with your order. Where required by law, sales tax will also be applied to shipping and handling charges. If you return an item for a refund, you will receive a refund for the product price as well as for the sales tax you paid on the product. However, you will not receive a refund for the sales tax you paid on the shipping and handling charges for the product, as shipping and handling charges are non-refundable once a product has been shipped. If you have any questions about the sales taxes associated with your order, or if you wish to know if sales taxes will apply to the shipping and handling charges for your order, please contact us at (450) 651-9222.

9. OWNERSHIP; RISK OF LOSS

Products purchased from BOPIED are delivered by a third-party delivery company under a delivery contract. BOPIED cannot be held responsible for delivery delays or shipping failures resulting from circumstances beyond BOPIED's control. BOPIED will make every effort to ensure that delivery goes smoothly.

10. RETURNS

Returned products are subject to BOPIED's Return Policy, the terms of which are incorporated herein by reference. Certain restrictions may apply.

11. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY

EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS AGREEMENT, BOPIED MAKES NO REPRESENTATIONS AND GIVES NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR OTHERWISE, OR ASSURES ANY STATUTORY OR OTHER CONDITION, AS TO THE ABSENCE OF INTERRUPTION AND ERROR IN THE PERFORMANCE OF OPERATIONS, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, DURABILITY, SUITABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, NOR DOES IT MAKE THE REPRESENTATIONS OR GIVE THE WARRANTIES OR ASSURE THE CONDITIONS ARISING FROM ESTABLISHED TRADE PRACTICES OR USAGE OF TRADE.

BOPIED SHALL IN NO EVENT BE LIABLE FOR INDIRECT DAMAGES, WHATEVER THE CAUSE, (INCLUDING LOSS OF PROFITS OR SAVINGS, LOSS OF USE OR UNAVAILABILITY OF FACILITIES, INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA), ECONOMIC DAMAGES OR EXEMPLARY DAMAGES ARISING FROM PRODUCTS SUPPLIED BY BOPIED OR OTHERWISE RELATED TO THIS AGREEMENT OR TO TRANSACTIONS EXECUTED ON OR FROM THE WEBSITE www.bopied.com, EVEN IF BOPIED OR ONE OF ITS LEGITIMATE AGENTS, CONTRACTORS OR EMPLOYEES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INTEREST OR CLAIMS. BOPIED'S AGGREGATE LIABILITY ARISING FOR ANY REASON WHATSOEVER (INCLUDING BREACH OF CONTRACT, NEGLIGENCE OR GROSS NEGLIGENCE) SHALL NEVER EXCEED THE AMOUNT YOU PAID FOR THE PRODUCTS ORDERED UNDER THIS AGREEMENT AND WHICH ARE THE SUBJECT OF THE CLAIM. BOPIED SHALL IN NO EVENT BE LIABLE FOR DAMAGES OR LOSSES ATTRIBUTABLE TO VIRUSES, ALTERATION OF DATA, ERRORS OR TRANSMISSION PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, BOPIED'S CONTRACTORS, THE INTERNET BACKBONE OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OR FOR DAMAGES OR LOSSES CAUSED BY YOU, YOUR EMPLOYEES, YOUR AGENTS OR YOUR SUBCONTRACTORS OR EVENTS BEYOND BOPIED'S CONTROL.

SOME FEDERAL OR PROVINCIAL LAWS MAY PROHIBIT RESTRICTIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR RESTRICTION OF CERTAIN DAMAGES. IF YOU ARE SUBJECT TO THESE LAWS, PART OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR RESTRICTIONS SET FORTH ABOVE MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER RIGHTS.

For the purposes of this section, "BOPIED" includes members of the same group as BOPIED as well as the directors, officers, employees, agents and contractors of BOPIED and members of the same group as BOPIED.

This section remains in effect even if this agreement is terminated or expires.

12. APPLICABLE LAW AND TERRITORY OF APPLICATION

This website and its server are located in the province of Quebec, Canada. This agreement must be interpreted in accordance with the laws of the province of Quebec and the laws of Canada applicable in that province and must be considered in all respects as a Quebec contract, regardless of conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

13. DISPUTE RESOLUTION – INJUNCTION

IF YOU ARE A RESIDENT OF THE PROVINCES OF QUEBEC OR ONTARIO OR ANY OTHER PROVINCE OR TERRITORY WHERE THIS PROVISION MAY BE CONSIDERED INVALID UNDER LOCAL CONSUMER PROTECTION LAWS, THEN THIS SECTION 13 DOES NOT APPLY TO YOU AND YOU RETAIN YOUR CIVIL REMEDIES. IT IS IMPORTANT THAT YOU READ THIS SECTION CAREFULLY. IT PROVIDES FOR THE RESOLUTION OF DISPUTES BY BINDING ARBITRATION, BEFORE A NEUTRAL ARBITRATOR, RATHER THAN BY RESORT TO THE COURTS, BEFORE A JUDGE OR A JURY. THE LAWS OF YOUR PROVINCE OR TERRITORY MAY LIMIT THE ENFORCEABILITY OF MANDATORY ARBITRATION CLAUSES IN CONNECTION WITH CERTAIN CONSUMER CONTRACTS.

Binding Arbitration

Disputes, disagreements and claims between you and us or presented by you against us or vice versa, or against our employees, representatives, agents, officers, directors, successors, assigns or our group companies, or yours, which are related to this agreement (whether contractual, extracontractual or tortious, under a law or regulation, or of another nature, and whether they are prior, current or future), including any question concerning the negotiation, establishment, existence, validity, execution, effects, interpretation, breach, resolution, cancellation, applicability or scope of this arbitration clause (including Schedule A attached hereto) (hereinafter collectively referred to as "claims" and, individually, a "claim") are submitted to binding arbitration and resolved by means thereof, without recourse to the courts, in accordance with the arbitration rules set forth in Schedule A attached hereto, which is incorporated by reference into the agreement and forms an integral part thereof. However, before submitting a claim to arbitration, you must contact customer service representatives at [phone number] and give us the opportunity to resolve the dispute. Similarly, before BOPIED submits a dispute to arbitration, we must attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty (60) days following the date on which you or BOPIED informed the other of the existence of the dispute, either party may then initiate arbitration proceedings, as provided in Schedule A attached hereto.

It is understood that no action may be brought by either party before a judicial or administrative court, whether provincial or federal, with respect to any matter relating to this agreement, including any claim, any arbitration proceeding initiated for the purpose of resolving a claim and any arbitration award rendered with respect to a claim, except as expressly permitted in this agreement or by law. Any decision rendered in the context of arbitration is binding and final for each party, and no appeal will be admissible. A decision can be made enforceable by any court having jurisdiction over the person or property of the person concerned.

A CLAIM CANNOT BE JOINED WITH ANOTHER LEGAL ACTION, OR WITH ANOTHER PERSON'S ARBITRATION DISPUTE, AND IT CANNOT BE RESOLVED BY A CLASS ACTION. THE PARTIES EXPRESSLY AGREE THAT A CLAIM SUBMITTED TO ARBITRATION UNDER THIS AGREEMENT CANNOT BE JOINED WITH ANOTHER ARBITRATION PROCEEDING FOR ANY REASON WHATSOEVER. THE ARBITRATOR CANNOT AWARD DAMAGES THAT ARE PROHIBITED BY THIS AGREEMENT AND CANNOT AWARD PUNITIVE DAMAGES OR REQUIRE THE PAYMENT OF ATTORNEY'S FEES. YOU AND BOPIED WAIVE THE RIGHT TO CLAIM DAMAGES THAT ARE EXCLUDED BY THIS AGREEMENT.

Injunctions and Interim Measures

Notwithstanding the provisions of this section and Schedule A and any other provision of this agreement, BOPIED has the right to seek and obtain injunctions or interim or provisional measures from a competent court to protect its trademarks, its other intellectual property rights or confidential information, or to maintain the status quo pending the outcome of the arbitration.

14. EXPORT LAWS

Products sold or delivered under this agreement are subject to Canada's export control laws and regulations. You agree to observe these laws and regulations at all times and to indemnify BOPIED against claims, damages and liability arising from the violation of these laws and regulations.

15. HEADINGS

Headings are included in this text for ease of reference only and have no impact on the interpretation of this agreement.

16. ASSIGNMENT

You may not assign your rights or obligations under this agreement without BOPIED's express written consent.

17. APPLICATION

This agreement is binding on the parties to the agreement and their respective successors and assigns and applies to their benefit.

18. SEVERABILITY

The provisions of this agreement are deemed severable. If any provision is declared unenforceable or invalid, it is nevertheless applied to the fullest extent permitted by law and this declaration has no impact on the validity or enforceability of the other provisions.

19. ENTIRE AGREEMENT

This agreement, together with all other agreements, terms and conditions incorporated herein by reference or mentioned herein, constitute the entire agreement between you and BOPIED with respect to the subject matter hereof, the use of the website and the transactions conducted on or from this site, and it supersedes all prior agreements or understandings (electronic, oral or written) concerning the subject matter hereof, and they may only be modified in writing or if BOPIED makes the modifications in question available to you in accordance with this agreement.

20. NO WAIVER

The fact that BOPIED does not enforce a provision hereof or does not act on a breach hereof by you or by a third party in no way means that BOPIED waives its right to enforce the terms hereof or to act on similar breaches.