General terms and conditions of sale

  1. SCOPE OF APPLICATION

The present terms and conditions govern the sales (hereinafter “GTC”) on the site
https://popnshopbijoux.com

This site is managed by the company Pop N Shop Bijoux Permanent.

All sales of products distributed by Pop N Shop Bijoux Permanents are governed by these terms and conditions. The present GTC are systematically submitted to all our customers (hereafter “the Customer”). The Customer approves them in order to order our products. Consequently, the fact of placing an order implies the full and unconditional acceptance of the Buyer to the GTC.

2. ORDERS

Orders will only be final and binding on the Company if all the following conditions have been met:

  • Product availability
  • Registration of the order
  • Payment accepted by the online payment service or in store

A summary of the information of your order and these GTC, will be communicated to you via the e-mail address of confirmation of your order online or on request in store.

The confirmation of the order or the deposit will be considered as signature and acceptance of the operations carried out.

The Company reserves the right not to register the payment and not to confirm an order for any reason whatsoever, and more particularly in case of supply problem, or in case of difficulty concerning the received order.

Any modification or cancellation of an order that has become final and binding on the parties, requested by the Buyer, can only be taken into consideration if it is received in writing before the shipment of the products, subject to its express acceptance by the Company.

3. PRICE

Products are invoiced in accordance with the rates in effect on the day the order is accepted by the Company.

Prices are quoted in Canadian dollars and are exclusive of taxes. They do not include transportation, customs fees or insurance, which are the responsibility of the Buyer, unless otherwise indicated for any shipment of jewelry.

4. PAYMENT

The payment of the Products is made exclusively by Paypal thanks to the secured system in force at the time of the validation of your order.

7. LIMITATION OF TIME

Content that is published on the Company’s website on a contractual, ad hoc or partnership basis cannot be guaranteed for life, whether due to change of the website platform, migration to other servers, performance or due to termination of business. It is offered for a maximum of 365 days.

8. RIGHT TO BE FORGOTTEN

The notion of “right to be forgotten” is essentially defined by its purpose: it is to avoid any risk that a person may be permanently affected by the use, without his knowledge, of data concerning him, whether they appear on the Web at his initiative or that of a third party.

9. GUARANTEE

The Company reminds that at the time the Buyer takes physical possession of the products, the risk of loss or damage of the products is transferred to the Buyer.

10. REPAIR

Repairs are free within three months of purchase. The Customer will have to realize send an email to the following address
contact@popnshopbijoux.com
with the following elements:

  • A full description of the broken piece of jewelry, including the item number;
  • A photograph of the jewel.

If your jewelry needs to be repaired within three months of purchase, we will provide you with a custom quote. All shipping and return costs are the responsibility of the Customer.

11. RETURNS

No returns or refunds are possible in the context of the sale and manufacture of a custom-made jewel. Sales are firm and final.

12. RESERVATIONS

It is recommended that the Customer reserve a time slot to make the permanent jewelry. This reservation can be made online, by phone or directly in the store.

A deposit of 50% of the total amount of the service is required to finalize any reservation.

In case of cancellation of the service by the Customer more than 24 hours before the appointment, the deposit is refunded by the company within 30 days after the request for refund by the Customer. When the cancellation occurs less than 24 hours before the appointment, the deposit is definitely lost and kept by the Company.

13. LIMITATION OF LIABILITY

The Company’s liability can only be sought for proven fault that caused direct and foreseeable damage.

In no event shall the Company be liable for consequential damages (including lost profits, loss of image, or other losses of a pecuniary nature) resulting from any delay or failure in the performance of the sale.

In any event, the Company’s liability, regardless of the cause or basis, shall not exceed, in total, the price of the Products purchased by the Buyer.

14. INTELLECTUAL PROPERTY

The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Company. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.

15. TERMS AND CONDITIONS FOR DOWNLOADING

The digital files acquired are works of authorship and are protected by the Copyright Act. In accordance with this law, the purchase of digital files is reserved for personal, private and free use. Any reproduction, other than that authorized for downloading, adaptation, collective use, resale or rental is absolutely prohibited and may be subject to legal action.
The end user agrees to respect the rights of authors, performers and publishers of digital books and not to circumvent or infringe upon the techniques for controlling the use of downloaded digital books. Otherwise, any use outside the framework defined in these general terms of sale constitutes an act of counterfeiting, which exposes the end user to legal proceedings.
No exchanges, credits or refunds will be accepted after confirmation of a digital product sales transaction. Linitiative.ca will not be held responsible for any compatibility issues between a digital product and an electronic device, except in the event that the product description posted is inaccurate.

16. APPLICABLE LAW

By express agreement between the parties, these GTCs and the purchase and sale transactions arising from them are subject to the laws applicable in the province of Quebec and in Canada.

17. JURISDICTIONAL CLAUSE

The parties agree, for any claim or suit of any nature whatsoever relating to the performance and interpretation of the TOS, to select the judicial district of Montreal, Province of Quebec, Canada, as the proper venue for the hearing of such claims or suits to the exclusion of any other judicial district which may have jurisdiction over such dispute as required by law.