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Conditions of Sale

This agreement (the “Agreement”) sets out the terms and conditions that apply to the purchase of products and / or services (the “Products”) from PRIMITIF MONTRÉAL. PRIMITIF MONTRÉAL 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 who purchases Products through the website www.primitifmontreal.com. By using this website to purchase Products online, you accept and agree to be bound by these terms and conditions and that you are of age to enter into this Agreement and be bound by its provisions. This Agreement contains important information about your rights and obligations and sets out the restrictions and exclusions to which you may be subject. Unless otherwise indicated in this Agreement, PRIMITIF MONTRÉALmakes no representations and gives no warranty with respect to the Products you purchase through this website.

Site owner:
PRIMITIF MONTRÉAL
Montréal, Canada 
customercare@primitifmontreal.com
CA number 64934

  1. AUTHORIZATION TO USE ELECTRONIC DOCUMENTS

You hereby authorize the exchange of documents and information between you and PRIMITIF MONTRÉAL by Internet or by electronic mail and you agree that this Agreement (as well as any applicable order confirmation accepted by PRIMITIF MONTRÉAL as is indicated in article 3) in electronic form is equivalent to an original written agreement between you and PRIMITIF MONTRÉAL. You also agree that all agreements, notices, information and other communications that we send to you electronically meet the legal requirements that such communications must be made in writing.

 

  1. OTHER DOCUMENTS, AGREEMENTS AND POLICIES

The use of this website is governed by various policies governing the terms of use of the website, including the Privacy Policy, the Return and Exchange Policy, etc. (hereinafter, “Other Policies”). You represent that you have read the Other Policies and agree to be bound by their terms and conditions. Notwithstanding the foregoing, the provisions of this Agreement take precedence over the provisions of Other Policies; in the event of any inconsistency 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 the purchase of Products and to the use of other sections of this website.

 

  1. ORDERED

Before submitting an order for Products through this website, you must first go through an order confirmation (the "Order Confirmation") which presents, among other things, the Product (s) to be ordered, the price of purchase as well as shipping costs and applicable taxes. When you submit your order, the order thus transmitted constitutes an offer that you made to PRIMITIF MONTRÉAL for the purchase of the Products described in the Order Confirmation, according to the prices, other costs and the other terms and conditions presented in the Order confirmation. An order does not bind PRIMITIF MONTRÉAL until it has been accepted. The acceptance of your order by PRIMITIF MONTRÉAL is confirmed by means of an email sent by PRIMITIF MONTRÉAL.

 

  1. CANCELLATION

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

 

  1. PRICE

All prices are in Canadian dollars. Although PRIMITIF MONTRÉAL strives to provide exact information on the Products and precise prices, there is still a risk of error. PRIMITIF MONTRÉAL reserves the right to correct prices and incorrect information and to modify the prices of the Products at any time without notice. PRIMITIF MONTRÉAL cannot confirm the price of a product before the transmission of your order. Without limiting the generality of Article 4, if the price or information relating to a product (as presented on the website www.primitifmontreal.com and / or in the Order Confirmation) is incorrect, PRIMITIF MONTRÉAL may, at its discretion, refuse or cancel your order before or after having accepted it. If a price is wrong,

 

  1. PAYMENT TERMS

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

 

  1. AVAILABILITY OF PRODUCTS

The availability of certain Products may be limited. PRIMITIF MONTRÉAL may modify or withdraw Products at any time without notice. If an ordered product is not available, especially during special events, PRIMITIF MONTRÉAL will notify you by email and your order will be automatically canceled for the product in question.

 

  1. SHIPPING COSTS; TAXES

PRIMITIF MONTRÉAL will ship the Products ordered to the address indicated in the Order Confirmation. The delivery times indicated by PRIMITIF MONTRÉAL are approximate. PRIMITIF MONTRÉAL is not responsible for damages or costs resulting from delivery delays. Unless otherwise indicated, prices do not include shipping and handling charges and applicable federal and provincial sales taxes. Shipping and handling charges and taxes will be shown separately for each order 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 relating to the order.

 

  1. PROPERTY; RISK OF LOSS

Products purchased from PRIMITIF MONTRÉAL are delivered by a third-party delivery company under the terms of a delivery contract. You become the owner of the Products and assume the risk of loss from the moment PRIMITIF MONTRÉAL hands over the Products to the third-party delivery company.

 

  1. RETURNS & EXCHANGES

At PRIMITIF MONTRÉAL, our ultimate goal is that our customers love our products. If you are not satisfied with your purchase, we will gladly accept an exchange or refund for eligible merchandise that has not been worn, washed or damaged, or has a manufacturing defect, within 14 days of the date. However, new conditions apply for the moment due to COVID19 Please refer to the Transport and Return page .

For more information, please visit the Returns and Exchanges page or contact the customercare@primitifmontreal.com team.

 

  1. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

Unless expressly stated otherwise in this Agreement, PRIMITIF MONTRÉAL makes no representation and gives no warranty of any kind, express or implied, nor does it ensure any condition provided by law or otherwise, as to the absence of '' interruption and error in the execution of operations, respect for privacy, security, marketability, quality, title, durability, adequacy, absence of infringement and fit for a particular purpose, nor does it make any representations, warranties or warranties that arise from established business practice or trade usage.

PRIMITIF MONTRÉAL will in no way be liable for indirect damages, whatever the cause, (including loss of profits or savings, loss of use or lack of availability of facilities, including computer resources , routers and stored data), economic damages or exemplary damages arising from the Products supplied by PRIMITIF MONTRÉAL or otherwise related to this Agreement or to operations carried out on the website www.primitifmontreal.com or from that - here, even if PRIMITIF MONTREAL or one of its agents, contractors or legitimate employees have been informed of the possibility of such damages, damages or claims. The overall responsibility of PRIMITIF MONTRÉAL arising for any reason whatsoever (including breach of contract, negligence or gross negligence) will never exceed the amount you paid for the Products ordered under this Agreement and which are the subject of the claim. PRIMITIF MONTRÉAL will in no way be responsible for damage or loss attributable to viruses, data alteration, errors or transmission problems, to telecommunications service providers, to PRIMITIF MONTREAL contractors, to the network Internet federator or to third-party suppliers of products or services, nor damages or losses caused by you, your employees, your agents or your subcontractors or events beyond the control of PRIMITIF MONTREAL.

Certain federal or provincial laws may prohibit restrictions on implied warranties or the exclusion or limitation of certain damages. If you are subject to these laws, some or all of the disclaimers, exclusions or restrictions set out above may not apply to you and you may have other rights.

This article remains in force even if this Agreement is terminated or terminates.

 

  1. APPLICABLE LAW AND TERRITORY OF APPLICATION

This website and its server are located in the province of Quebec, Canada. This Agreement shall be interpreted in accordance with the laws of the province of Quebec and the laws of Canada which apply in that province and shall be regarded in all respects as a contract of Quebec, without regard to the principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

 

  1. EXPORT LAWS

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

 

  1. TOPICS

Sections are included in this text for ease of reference only and do not affect the interpretation of this Convention.

 

  1. ASSIGNMENT

You may not assign your rights or obligations under this Agreement without having obtained written consent from PRIMITIF MONTRÉAL.

 

  1. APPLICATION

This Convention binds the parties to the Convention and their respective successors and assigns and applies for their benefit.

 

  1. DIVISIBILITY

The provisions of this Convention are deemed to be severable. If one of the provisions is declared unenforceable or invalid, it is still applied to the fullest extent permitted by law and this declaration has no effect on the validity or enforceability of the other provisions.

 

  1. ENTIRE AGREEMENT

This Agreement, along with all the other Agreements, terms and conditions incorporated herein by reference or mentioned herein, constitute the entire Agreement between you and PRIMITIF MONTRÉAL relating to the subject hereof, the use of the website. and transactions carried out on or from this site, and it replaces any previous agreements or Conventions (electronic, verbal or written) concerning the subject matter hereof, and they can only be modified in writing or if PRIMITIF MONTRÉAL make the changes in question available to you in accordance with this Agreement.

 

  1. NO WAIVER

The fact that PRIMITIF MONTRÉAL does not enforce a provision hereof or does not respond to a breach of these presents on your part or on the part of a third party does not mean that PRIMITIF MONTRÉAL waives its right to enforce the terms of the present or to follow up on similar shortcomings.

 

TERMS OF USE

 

  1. USE OF THE WEBSITE

This website belongs to PRIMITIF MONTRÉAL  Inc. (hereinafter referred to as “PRIMITIF MONTRÉAL”) and has been created for your information and for your personal and non-commercial use. Your use of the website is subject to the terms set out below and all applicable laws. By accessing and browsing the website, you accept these terms, without restriction and without reservation. If you disagree with these terms, please do not use the website. It is your responsibility to ensure that by accessing the website and the material made available to you on or through the website, you act in accordance with the laws of each jurisdiction where you access or through which you access the website or material.

 

  1. USE OF OUR SOCIAL MEDIA

PRIMITIF MONTRÉAL's official social media pages were created to share information about our events, products and promotions, while providing a space for our customers to share their comments and opinions. In order to keep this community space pleasant and friendly, we have established some guidelines to follow: - All obscene, explicit, political or racist comments will not be tolerated, as well as comments that are disrespectful, abusive, hateful or intended to defame a person or an organization. Any comments deemed of this type will be deleted, at the sole discretion of PRIMITIF MONTRÉAL; - All publications of solicitations or advertisements for third parties will be deleted; - All comments suggesting or encouraging illegal activity will be removed.

 

  1. PROTECTION OF PERSONAL INFORMATION

Our practices with respect to the protection of privacy are described in our privacy policy, which also governs your visit to this website. By continuing to use the website, you indicate that you have read this policy and agree that you are bound by its terms and conditions, and accept them. You consent to PRIMITIF MONTRÉAL using your personal information in accordance with the terms and for the purposes set out in our privacy policy, as amended from time to time.

 

  1. OTHER POLICIES AND CONVENTIONS

When you purchase PRIMITIF MONTRÉAL products through the website www.primitifmontreal.com, your purchase is subject to separate terms and conditions of sale applicable to the website. Certain additional terms and conditions may apply to purchases of products and other uses of sections of the www.primitifmontreal.com website.

 

  1. YOUR ACCOUNT

If you use the website, you are responsible for maintaining the confidentiality of your account and password and for limiting access to your computer. You are responsible for all activities that occur under your account or password. The website is intended for adults. People under the age of 16 should not use it. In addition, if you are 16 years of age or older but are not of legal age in your jurisdiction of residence, your parent or guardian should use this website on your behalf, as you should not use the website alone. or provide PRIMITIF MONTRÉAL with personal information. PRIMITIF MONTRÉAL does not knowingly collect any information from children under the age of 16.

 

  1. Information on products sold and / or distributed by PRIMITIF MOTNREAL.

PRIMITIF MONTRÉAL and the companies in its group attempt to provide the most accurate descriptions possible of all products intended for sale and / or distribution by PRIMITIF MONTRÉAL , but PRIMITIF MONTRÉAL does not warrant that product descriptions or any other content of the website are accurate, reliable, current and free of errors. Price and availability information on the website is subject to change without notice. All prices are in Canadian dollars.

 

  1. EXCLUSION OF WARRANTIES

PRIMITIF MONTRÉAL makes no representations and gives no guarantee regarding the functionality or good working order of the website, its suitability for use or the absence of errors or interruptions during its use. PRIMITIF MONTRÉAL does not declare, guarantee or promise that errors appearing on or relating to the website will be corrected or that the server from which the website is operated is or will be free of viruses or other harmful components. . The material and information appearing on the website are presented to you '' as is '' and without any express or implied warranty of any kind as of this evening, PRIMITIF MONTRÉAL and its licensors exclude all warranties or conditions, which they are written or verbal, provided for by law, express or implied,

The exclusions set out above are in addition to the specific exclusions set out elsewhere in these terms and conditions. Certain federal or provincial laws do not allow the exclusion of certain warranties, so the exclusions stated above may not apply to you.

 

  1. LIMITATION OF LIABILITY

PRIMITIF MONTRÉAL will not be responsible for damages, whether direct, indirect, particular or consequential, arising from the use of equipment, products or services of any kind, the inability to use them, '' a delay in delivery or partial delivery, the extinction of rights or a loss of profits, data, exploitation or goodwill, whether these damages are of a contractual, tort or extra-contractual nature, and it is not obligated to grant you or any third party any compensation or other form of redress.

Your sole and exclusive remedy is to stop accessing and using the website. Some federal or provincial laws do not allow the exclusion or limitation of certain damages, so the exclusions set out above may not apply to you.

 

  1. COPYRIGHT AND TRADEMARKS

PRIMITIF MONTRÉAL does not represent or guarantee that the material does not infringe the rights of another natural or legal person. The material on the website is protected in Canada and other jurisdictions by the Copyright Act and by relevant international treaties. Therefore, this material may not be copied, reproduced, republished, uploaded, displayed, transmitted, distributed or modified, in whole or in part, in any form whatsoever, including in the form of text or audio or video content, without the prior written consent of PRIMITIF MONTRÉAL . The trademarks and service marks and logos (collectively referred to as the “marks”) displayed on the website are registered or unregistered trademarks of PRIMITIF MONTRÉAL or of others, belong to their respective owners, and may not be used without the written permission of their owners. Nothing in this website should be construed as conferring the right to use the trademarks or material protected by copyright law. Notwithstanding the foregoing, PRIMITIF MONTRÉAL authorizes you to make a hard or electronic copy of the information displayed on any page of the website, provided that the copy is used only for non-commercial and personal purposes. It is understood that, in each case, the copy continues to be the subject of the notices and notices on copyright, trademarks or service and other exclusive rights contained in the website. This license does not cover the resale of the website, its content or collections of lists, product descriptions or prices, nor any other derivative use of the website or its content, nor the downloading or reproduction of information for the benefit of a merchant, nor the use of data mining tools , robots or similar data gathering and extraction tools. You are prohibited from using framing to incorporate trademarks, logos or other proprietary information (including images, text, layout or form) belonging to PRIMITIF MONTRÉAL or to the companies of its group without having obtained the express written consent of PRIMITIF MONTRÉAL. You are prohibited from using meta tags or other hidden texts containing the name or trademarks of PRIMITIF MONTRÉAL without having obtained the express written consent of the latter. Unauthorized use of the website or its content terminates the permission or license granted by PRIMITIF MONTRÉAL.

 

  1. CONFIDENTIALITY OF THE INFORMATION TRANSMITTED

You acknowledge that the information or material that you transmit to us electronically by accessing or using the website is not confidential or proprietary, except as provided by applicable law or under the terms of the privacy policy. PRIMITIF MONTRÉAL's personal information, and that unprotected electronic communications on the Internet are likely to be intercepted, modified or lost. You declare and guarantee that the information or material that you transmit electronically to PRIMITIF MONTRÉAL by accessing or using the website does not in any way infringe the rights of any natural or legal person. You consent to PRIMITIF MONTRÉAL using this information or material, in whole or in part, in any way whatsoever,

 

  1. ELECTRONIC COMMUNICATIONS

When you visit the website or send us an email, you are communicating with us electronically. You consent to our also communicating electronically with you, either by email or by posting notices on the website. You agree that by sending you agreements, notices, information and other communications electronically, we are complying with any legal requirement that such communications be in writing.

 

  1. SURVEILLANCE

PRIMITIF MONTRÉAL may monitor access to the website and other surrounding activities and intervene in these activities. However, it does not make any declaration and gives no guarantee in this regard. You accept the possible monitoring and intervention of PRIMITIF MONTRÉAL.

 

  1. CONNECTIONS

Links and references to other websites are provided for your information only. PRIMITIF MONTRÉAL has not examined and does not sanction, expressly or implicitly, other websites accessible by such links, nor the information or material displayed therein, nor their accessibility, and assumes no responsibility for the with regard to other websites, the information or material displayed therein, or the products or services offered therein. You are prohibited from creating a link on other websites leading to the PRIMITIF MONTRÉAL website without the express permission of PRIMITIF MONTRÉAL. Communicate to this end with our web administrator by filling out our form on our contact page.

 

  1. VIRUSES, ETC

PRIMITIF MONTREAL does not represent or guarantee that the information or material, including downloadable software, which may be accessed by means or through the website are free of interruptions, errors, defects, viruses or other harmful components, or that any problems detected will be corrected.

 

  1. DAMAGE TO OTHERS

You agree not to introduce on the website or through it any information or material that could be harmful to other people. You agree in particular not to include, knowingly or otherwise, in material or information, an error or a defect which could be, in particular, defamatory or obscene or which could constitute a criminal offense or a cause of civil liability for a natural person. or moral.

 

  1. RIGHTS RESERVED

All rights which are not expressly granted in these terms and conditions are reserved to PRIMITIF MONTRÉAL. Nothing herein shall be construed as granting, by implication or otherwise, any license or right relating to any copyright, patent, trademark or other intellectual property right of PRIMITIF MONTRÉAL or of another natural or legal person.

 

  1. APPLICABLE LAWS

The website is controlled and operated by PRIMITIF MONTRÉAL from Montréal, Quebec, Canada, and these terms and conditions, the website, the use of it and any transaction carried out on or from this site. are governed by the laws of the province of Quebec and the laws of Canada which are applicable in this province, without regard to the principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

 

  1. DISPUTE SETTLEMENT

    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 17 does not apply. not apply to you and you retain your civil remedies. It is important that you read this section carefully. It provides for the settlement of disputes by binding arbitration before a judge or jury. The laws of your province or territory may limit the enforceability of binding arbitration in relation to certain consumer contracts.

enforceability are subject to and resolved through binding arbitration. However, before submitting a claim to arbitration, you must contact customer service representatives customercare@primitifmontreal.com and give us the opportunity to resolve the dispute. Likewise, before PRIMITIF MONTRÉAL 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 PRIMITIF MONTRÉAL informed the other of the existence of the dispute, either party may then initiate the arbitration procedure. It is understood that no recourse can be brought by either party before a judicial or administrative tribunal, whether provincial or federal, with respect to any matter relating to these terms and conditions, including any claim, any arbitration proceeding initiated for the resolution of a claim and any arbitration award rendered with respect to 'any claim, except as expressly permitted in these Terms or by law. Any decision rendered in the context of the arbitration is binding and final for each of the parties, and no appeal will be admissible. A decision may be made enforceable by any court having jurisdiction over the person or the property of the person concerned. A CLAIM CANNOT BE JOINED TO ANOTHER LEGAL SUIT, OR 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 THESE TERMS CANNOT BE ADDED TO ANY OTHER ARBITRATION PROCEEDING FOR ANY REASON. THE ARBITRATOR MAY NOT GRANT DAMAGES THAT ARE PROHIBITED BY THESE TERMS AND MAY NOT GRANT PUNITIVE DAMAGES OR REQUIRE THE PAYMENT OF LAWYERS 'FEES. YOU AND PRIMITIF MONTRÉAL DISCLAIM ANY CLAIMS FOR ANY DAMAGES WHICH ARE EXCLUDED BY THESE TERMS. INJUNCTIONS AND PROVISIONAL MEASURES Despite the provisions of this section and any other provision of these terms and conditions, PRIMITIF MONTRÉAL has the right to request and obtain injunctions or provisional or provisional measures from a competent court in order to protect its trademarks. of business,

 

  1. MODIFICATION AND SEVERABILITY OF THE TERMS

PRIMITIF MONTRÉAL may from time to time modify or update the terms and conditions relating to its website, which we will notify you by posting a notice of modification on the website. Once the changes are posted, you indicate, by continuing to use the website, that you accept the changed terms and other policies. You are then bound by the changes. If one of the terms is deemed invalid, void or, for any reason, unenforceable, it is deemed to be divisible and has no effect on the validity or enforceability of the other terms.

 

  1. TARGET TERRITORY

The website is controlled and operated by PRIMITIF MONTRÉAL from Montréal, Quebec, Canada. PRIMITIF MONTRÉAL makes no representation that the material presented on the website is appropriate or offered in other jurisdictions. Anyone who chooses to access the website from other territories does so on their own and is required to comply with applicable local laws to the extent that they are applicable.

 

  1. WITNESSES

We may use cookies to know your preferences and track your activities on the PRIMITIF MONTRÉAL website. Cookies are small data files that are sent to your computer's hard drive by a website. They store your preferences so that your subsequent visits to the website run more efficiently. Cookies can record a variety of information, including the number of times you visit a website, your registration information, and the number of your visits to a page or other element of the website. The use of cookies is standard practice at most major websites to improve customer service. Most browsers are designed to accept cookies, but can easily be modified to block them; your browser's help files contain information on blocking cookies, detecting cookies that are sent to you and disabling them. However, it is important for you to know that without cookies, you will not have access to some of the functions of a website and therefore will not be able to take full advantage of them.

 

  1. NO WAIVER

The fact that PRIMITIF MONTRÉAL does not enforce a provision hereof or does not respond to a breach by you or by another party of these terms does not mean that it waives its right to assert the these terms or to respond to similar breaches.

 

  1. ENTIRE AGREEMENT

These terms and conditions, together with all the other terms, conditions and agreements incorporated herein by reference or mentioned herein, constitute the entire agreement between you and PRIMITIF MONTRÉAL with respect to the use of the website, any transaction made on or from this site and its content, and replace previous agreements or conventions (electronic, verbal or written) concerning the subject matter hereof, and may only be modified by a written act or by the posting of modifications by PRIMITIF MONTREAL in accordance with the terms hereof.

 

  1. TERMINATION

PRIMITIF MONTRÉAL reserves the right, at its discretion, to deny you access to all or part of the website, with or without notice.

 

  1. TOPICS

Headings are included in this text for ease of reference only and do not affect the interpretation of the terms and conditions.