Acceptance of the Conditions
By accepting the Terms or using the Site, you agree to be bound, without limitation or qualification, by the terms and conditions of the Terms. Access to and use of the Site are subject to full and unreserved compliance with these Terms.
If you do not wish to be bound by these Terms or if you do not accept them in full, you must refrain from accessing or using the Site.
Jurisdiction and applicable laws
These Terms of Sale shall be governed by and construed in accordance with the laws of Quebec and the laws of Canada applicable therein, without regard to conflict of law principles.
This subsection does not apply to consumers in the province of Quebec, Canada, to whom the Consumer Protection Act (Quebec) (chapter P-40.1) applies instead. You irrevocably accept and acknowledge the exclusive jurisdiction of the courts of federal and provincial jurisdiction, sitting in and for the judicial district of Montreal with respect to any dispute arising out of or related to the Terms of Sale, elect domicile therein and waive any objection based on lack of territorial jurisdiction or any claim based on the notion of a forum non conveniens.
The parties hereby expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods, the Convention relating to a Uniform Law on the International Sale of Goods and the Convention relating to a Uniform Law on the Formation of Contracts for the International Sale of Goods.
Certain names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Sites may constitute registered or unregistered trademarks of Charles Simon or others. Although Charles Simon may license certain third party trademarks, the display of third party trademarks on the Sites does not imply any relationship or licence between Charles Simon and the owner of the trademark in question, or the approval or endorsement by Charles Simon of the merchandise, services or activities of the owner of the trademark in question.
Nothing contained on the Site shall be construed as granting you any licence or right to use any Charles Simon logo, design or trademark or any third party trademark without the written permission of Charles Simon or such third party trademark owner.
Links to Third Party Sites
You will find on the Site several hyperlinks to other websites that are not under the control or responsibility of Charles Simon. Charles Simon has no means to monitor these websites and is not responsible or liable for the availability, reliability or legality of such websites. Charles Simon does not endorse or approve the content of these websites and excludes all liability and guarantees with respect to them. The User who accesses third party websites does so entirely at his own risk.
Charles Simon reserves the right to insert advertising messages on the entire Website, messages that may give rise to links to other websites. Charles Simon does not at any time endorse, endorse, or are responsible for any ideas, opinions, products, services or more generally the content conveyed in advertising messages and on third-party websites to which they provide access.
Submission of ideas
You acknowledge that your comments, suggestions, ideas or proposals relating to the Site, its functionality or the commercial activities in which Charles Simon is engaged, which you submit to Charles Simon (the “Suggestions”), are not confidential, do not belong to you and may be disclosed, used, adapted or applied by Charles Simon without any obligation of remuneration or any other form of compensation.
Limitation of liability
To the fullest extent permitted by applicable law, Charles Simon and his officers, directors, employees, agents and their respective successors and assigns, shall in no event be liable for any loss or damage of any kind or including, without limitation, any invasion of your privacy, loss of business or loss of profits regardless of cause, whether based on contract (including breach of essential obligation), these Terms, civil liability (including negligence) or otherwise, even if Charles Simon knew or ought to have known of the possibility of such damages. In addition, Charles Simon has no obligation to retain or store searches, preferences and shall not be liable for any loss or damage resulting from any loss of such data.
If you decide to visit or use any Web site linked to the Site, hardware, software, goods or services offered from any Web site linked to the Site, you do so entirely at your own risk.
This section may not apply to you, in whole or in part, because of any consumer rights law or other public policy law that may apply to you.
Children under 16 years of age
If you are a child under the age of 16, you may browse our Site, but you may not make purchases or use a service that requires you to provide personal information. Our Site is not designed for children. We do not wish to collect personal information from children under the age of 16. This policy is designed to protect children.
If you are under 16 and want to make a purchase, please refer one of your parents to place the order for you.
All content created, developed, distributed, communicated, generated or reproduced on the Site (including texts, codes, illustrations, images and videos) as well as its selection, composition and arrangement (the “Site Content”) belongs to Charles Simon or is licensed to third parties and may be protected by intellectual property laws, including the Copyright Act (R.S.C.). (1985), ch. C-42).
Where applicable, Charles Simon reserves all its rights with respect to the Site Content it owns. Consequently, you are prohibited from copying, reproducing, modifying, reformulating, republishing and, more generally, using the components of the Site Content, in whole or in part, without Charles Simon’s prior written consent.
Notwithstanding the foregoing, you may download, print and reproduce the Site Content for your personal use provided that you respect all copyright or other intellectual property notices relating to the Site Content and that you cite the source URL of the Site Content.
By using the Site, without limiting the scope of what is otherwise provided in the Terms, you agree to (i) comply with all applicable laws in your jurisdiction of residence, (ii) provide us with accurate information and keep it current, and (iii) use the Site in a reasonable and responsible manner.
In addition, you agree not to:
- use the Site for illegal or unlawful purposes;
- infringe the intellectual property rights of Charles Simon or others, including patents, trademarks, trade secrets, licences, copyrights or other proprietary rights;
- monitor the availability, performance or functionality of the Site for competitive purposes;
- use any software, hardware, manual or automated coding robots or other means to access, decompose, analyze or index the functionality of the Site or any related services, data or information;
- transmit any code of a destructive nature that may damage, surreptitiously intercepts, expropriate or interfere adversely with any system, data or personal information;
- bypass any security features of the Site;
- use the Site for any purpose for which it is not intended.
Disclaimer of warranties
The Site and all content on the Site are provided “as is”. By using the Site, you acknowledge and agree that you do so entirely at your own risk. The Site may be abandoned or access may be interrupted at any time by Charles Simon or otherwise. Charles Simon makes no representation or warranty regarding the content, services or features offered on the Site, including, without limitation:
the accuracy, availability, completeness, reliability, negotiability or timeliness of the Site;
as to the operation or accessibility of the Site without interruption or error;
as to the correction of defects or errors in the Site;
the absence of viruses or harmful elements on the Site;
the secure or non-intercepted transmission of communications through the Site.
Charles Simon is not responsible for any actions you take or refrain from taking in connection with the Site (your “Acts”).
You agree that your Actions are your sole and exclusive responsibility and acknowledge that you have performed them with full knowledge of the facts. Charles Simon shall not be liable for any breach of the Terms that you have or may have committed. Accordingly, you will stand up for Charles Simon and its subsidiaries, parent company, officers, agents, representatives, directors, employees and business partners in the event that legal action is brought against it for a breach of the Terms that you have committed.
In any event, you agree to indemnify and hold harmless Charles Simon, its subsidiaries and affiliates, directors, officers, agents, representatives, employees and business partners from and against any and all losses, liabilities, claims, demands, damages, costs and expenses of any kind whatsoever, including reasonable attorneys’ fees, arising out of or in connection with your Actions and any violation of the Terms, any law or the rights of any third party.
Each provision of the Terms is individual and distinct and, should any of the Terms be held invalid, illegal or unenforceable, all other provisions of the Terms shall remain in full force and effect.
Charles Simon’s failure to insist upon the full performance of any obligation under these Terms or to exercise any right conferred upon him shall not be deemed a waiver of such obligation or right. Any waiver by Charles Simon of any right granted to him under these Terms shall be valid only if in writing and signed and shall be valid only with respect to the right and circumstances expressly contemplated by such waiver.
The Site constitutes a dynamic and evolving environment subject to change. Charles Simon may revise the Terms at its sole discretion by updating this page or the pages containing the provisions of the Terms to be modified. It is your responsibility to review the Terms on a regular basis to be aware of any changes that may be made to them.
If you do not agree with one or more changes to the Terms, then you must discontinue all use of the Site. Your continued use of the Site after Charles Simon posts changes will constitute your acceptance of the changes to the Terms.
Sections Submission of Ideas, Disclaimer of Warranties, Limitation of Liability, Indemnification, Jurisdiction and Applicable Laws, Severability, Waiver and Survival shall survive the termination or expiration of this Agreement.
You are solely responsible for creating your account and / or password and maintaining their confidentiality. You are also responsible for any activity taking place under your account and password. Charles Simon reserves the right to cancel an account or to remove or modify the content. By creating an account on the website of charles-simon.com, you confirm that all information provided is accurate, complete and up-to-date. Charles Simon will not be held responsible for any loss or error related to inaccurate information about your account or the use of your account by someone other than you. Please contact Charles Simon immediately in case of unauthorized use of your account or password or any other security breach.
Communications and Customer Service
Notices required or permitted to be given under the Terms and Conditions must be in writing and will be considered to have been validly given if sent by email or registered mail to the following addresses:
a. if the addressee is Charles Simon: at the coordinates indicated in the Customer Service or Contact section.
b. if the recipient is the User: to the email address provided to Charles Simon when purchasing a Product or otherwise. Any communication to the User may also be sent by post.
Notices and communications will be deemed to have been given and received on the day they are actually given or sent (or, if that day does not fall on a business day, the next business day), unless they are given or received after 4:30 p.m., in which case they will be deemed to have been given and received on the next business day.
If you have any questions or comments regarding the Terms and Conditions, please do not hesitate to contact our Customer Service Department.
If you have any questions or comments regarding this Policy, please do not hesitate to contact our Customer Service:
Customer Service – Charles Simon Inc.
2019 Moreau Street,
Montreal, Quebec H1W 2M1
La version française de la Terms et Conditions du Website est disponible ici.