Terms and Conditions
Terms and Conditions for Site Use
August 2, 2010
Fruits & Passion Boutiques Inc. (hereinafter “Fruits & Passion”, “we”, “us” or “our”) operates the Fruits & Passion website (the “Site”). Use of the Site is governed by terms and conditions that apply to the Site and to sales, shown below (the “Terms and Conditions”), which constitute an agreement between you and Fruits & Passion. Fruits & Passion may modify these Terms and Conditions at any time.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE AND/OR ORDERING A PRODUCT FROM THE SITE.
By using the Site or ordering product(s) from it, you acknowledge that you have read, understood and agree to all the Terms and Conditions. If you do not agree to these Terms and Conditions, do not use the Site or order products from it.
Fruits & Passion reserves the right to modify the Terms and Conditions at any time, effective as soon as changes are posted on the Site, with no liability to you or any other individual. If we make modifications, we will post the new Terms and Conditions on the Site and indicate the date of the most recent update. You should therefore reread the Terms and Conditions of use each time you visit the Site or make a purchase. If at any time you find that you no longer agree with the Terms and Conditions, you must immediately stop using or accessing the Site.
1.1 Location of Site Operations
Fruits & Passion operates the Site from its offices in Canada. Fruits & Passion makes no representations to the effect that material on the Site is available for use in locations other than Canada, and accessing the Site from locations where its content or use thereof are prohibited may be illegal. Those who choose to access this Site do so of their own initiative and are responsible for complying with any locally applicable laws.
1.2 Site Modifications
Fruits & Passion may terminate, change, suspend or discontinue any aspect of the Site, including its functionality, at any time without prior notice or liability. Fruits & Passion may also (i) add, remove, modify or otherwise change any content that is on the Site or accessible from it or (ii) impose limitations as regards certain functionalities and services or restrict your access to some or all parts of the Site without prior notice or liability.
1.3 Restrictions Relating to Use of the Site
You may only use the site in accordance with these Terms and Conditions. Unless otherwise specifically indicated in one or more sections of the Site, no part of the Site may be copied, reproduced, distributed, published, translated, downloaded, displayed or transmitted in any way whatsoever without prior written permission from Fruits & Passion. You may display or download material from the Site for noncommercial purposes only, provided that you do not modify it and that you respect its relevant copyrights.
1.4 Intellectual Property
1.4.1 Trademarks. Names, words, titles, phrases, logos, illustrations, graphic icons and service marks (collectively the “Trademarks”) that appear on the Site, products or any components included in or with those products may represent registered or nonregistered trademarks or other intellectual property belonging to Fruits & Passion, its affiliated companies or third parties.
1.4.2 Content. All content appearing on the Site or products, specifically including any photos, illustrations, designs, trade-marks, images and text (collectively the “Content”), is the exclusive property of Fruits & Passion, its affiliated companies or third parties and is protected by Canadian and/or international copyright laws. You are hereby granted limited permission to access the Site for your personal and noncommercial use only, on the condition that you retain all credits and notices relating to copyright and other proprietary exclusivity. Unless explicitly stated in the Terms and Conditions, no other use of the Content is authorized.
1.4.3 No Right Granted. Nothing that appears on the Site, products or elsewhere shall be directly or indirectly construed as granting you (or anyone whosoever) any licence, right, title or other interest in the Trademarks or any other intellectual property, and the Trademarks and other intellectual property shall remain the exclusive property of Fruits & Passion or their owners.
1.4.4 Restrictions Related to Site Use. You may not copy, reproduce, utilize, distribute or transmit, in part or in whole, the Trademarks, Content or any other intellectual property that appear on the Site, in or with products or components that are included there, without express prior written consent. Any nonauthorized use may make you liable for civil and/or criminal damages.
1.5 Links to Other Sites
The Site includes links to other websites operated by other companies. By clicking on these links, you will leave the Fruits & Passion Site. Fruits & Passion has neither developed, reviewed or verified the accuracy of the data contained on these sites. Fruits & Passion has no control over the operation of these websites and the fact that they may be linked to the Fruits & Passion Site does not in any way render Fruits & Passion liable, specifically as regards their content, the products/services provided or any other damages or loss that they may cause you.
1.6 User-Submitted Information
As a user of this Site, you acknowledge that any material, information and opinions (collectively the “Information”) that you may submit to Fruits & Passion in any way whatsoever will be assigned to Fruits & Passion and who will become its full and sole owner, and you waive any moral rights with regard to this Information. Fruits & Passion hereby advises you that it can, without issuing any compensation to you, use, reproduce, publish, license, distribute, disclose and transmit by any means and to whomever it sees fit any Information you submit to Fruits & Passion. Further, you are prohibited from submitting to Fruits & Passion Information that could be illegal, defamatory, obscene or contrary to any applicable law. When you submit Information to Fruits & Passion, you hereby represent that you hold any and all relevant rights to such Information, specifically intellectual property rights. You assume liability and agree to compensate, protect, indemnify and hold harmless Fruits & Passion, its related companies and their respective managers, directors, shareholders, agents, representatives and employees from any liability, obligation, loss, damage, penalties, claims, actions, legal proceedings, fees, expenses and expenditures (including legal fees) relating to or resulting from your use of the Site and the Information that you have submitted. Fruits & Passion reserves the right to not publish or to retract any material that you may have submitted to Fruits & Passion at its discretion, for any reason whatsoever.
2. STANDARD TERMS AND CONDITIONS OF SALE
2.1 Canadian Site/U.S. Site
Residents of Canada
- You must shop on the Canadian site and pay in Canadian funds.
Residents of the U.S.
- You must shop on the U.S. site and pay in U.S. funds.
2.2 Setting Up an Account
2.3 Prices & Promotions
2.3.1 Amount. The purchase price for each product appears adjacent to it on the Site. All prices are in Canadian dollars.
2.3.2 Shipping costs. Shipping and delivery charges and applicable taxes are extra (unless we state that shipping is included) and will be shown on screen before you confirm your order.
2.3.3 Sales tax. Applicable sales taxes are extra and will be shown on screen before you confirm your order.
2.3.4 Price changes. Fruits & Passion reserves the right to modify the prices of products on the Site at any time, without prior notice.
2.3.5 Boutique prices. Prices for products offered on the Site may differ from prices for the same products sold in Fruits & Passion stores, and you will have no recourse against Fruits & Passion, its affiliated companies or Fruits & Passion franchise stores if the price difference is not in your favour or if you could have taken advantage of better sales terms had you made your purchase elsewhere or at another time.
2.3.6 Online promotions. The customer is responsible for adding the correct products in his cart and to verify that the desired promotion has been correctly applied to the cart before submitting his order. For any promotion of the Buy X Get Y type, the customer has to add the total of products (X+Y) in his cart for the promotion to be applied. (For example, if the promotion is Buy 2 Get 1 free, a total of 3 products have to be added to the cart). Fruits & Passion can offer assistance with orders that have been incorrectly placed within 30 days of placing the order. If a customer’s fails to properly add the products, Fruits & Passion will ship the missing item from the order but the customer will be responsible for the shipping fees (fees varies from region to region).
2.4 Credit Card Payment
2.4.1 Credit cards accepted. At present we are not able to accept payment in cash or by cheque. The Site accepts the following credit cards only:
We reserve the right to stop accepting credit cards from one or more issuers at any time.
2.4.2 Validity and authenticity. You must use a valid and authentic credit card on the Site, and be an authorized user. If the charge is not approved or accepted, we reserve the right to cancel your order without notice, with no liability or obligation. We reserve the right to contact the issuer for authorization if we suspect that a card is being used fraudulently.
2.5 Return and Refund Policy
2.5.1 Exchange. We accept Fruits & Passion product returns (with the exception of items purchased on sale or during promotions or if the product was open) at any time up until the end of the 30th day after they have been received. Merchandise purchased from the website www.fruits-passion.com cannot be exchanged instore.
2.5.2 Refund. We will issue a refund for any Fruits & Passion products (in their unopen original packaging) within 15 days of their delivery date (with the exception of items purchased on sale or during promotions). We do not issue refunds for trial sizes or gift cards.
2.5.3 Supporting documentation. Returned items must be accompanied by their invoice and order number. Subject to Section 2.5.1 above, you do not need to provide Fruits & Passion with any justification or pay any penalty.
2.5.4 Return shipping costs. You must pay the cost of shipping and insuring returned items (unless Fruits & Passion did not ship the products you ordered or you received defective products, in which case Fruits & Passion will pay shipping and insurance costs as long as you use a shipper that insures the package against loss and damage).
2.5.5 Credit. When your return arrives at Fruits & Passion, we will refund the amount debited to your credit card account—less shipping costs—as soon as possible provided that the merchandise has been returned by you and received by Fruits & Passion in accordance with Section 2.5.1 above, and is in the same condition that it was at the time of delivery.
2.6 Product Availability
2.6.1 Inventory. Fruits & Passion does not under any circumstances guarantee that products offered on the Site are available in inventory. If Fruits & Passion is not able to deliver any of the items you order because they are out of stock, we will refund the amount charged to your credit or debit card for these products and send you a refund confirmation by email.
2.6.2 Damages. Fruits & Passion will not be responsible at any time for any damages that you may incur because products are out of stock.
2.7 Product Delivery
2.7.1 Gift wrapping. Fruits & Passion currently does not offer gift wrapping. You may add wrapping paper and a gift bag that you can use to wrap your gifts once you take delivery. Simply make your selection when reviewing the items in your shopping basket (Step 1).
2.7.2 Shipping destination. Fruits & Passion offers delivery throughout Canada and the U.S., other than to Alaska, Hawaii and Puerto Rico. We do not make any shipments outside Canada or the U.S. Please consult our boutique locator to find the store nearest you.
2.7.3 Address. Fruits & Passion will deliver items you purchase to the address you provide in your order. Deliveries cannot be made to post office boxes.
2.7.4 Shipping fees. Shipping fees vary depending on the order (weight, volume, destination and delivery time) and will appear on the screen before you confirm your order.
2.7.5 Delivery times. Fruits & Passion strives to have orders delivered as quickly as possible once your order is accepted, using the delivery method you select on the Site. Delivery times and fees will vary based on the shipment destination, delivery method selected and availability of products in inventory. Delivery time calculations are from the shipment’s departure from the Fruits & Passion premises.
|Canada (Quebec and Ontario)||4–7 working days|
|Canada (Maritime provinces)||5–7 working days|
|Canada (Western provinces)||7–10 working days|
|Canada (Territories)||10–20 working days|
|U.S.||8–12 working days|
2.7.6 Deliveries. Product deliveries are subject to the corporate policies of the delivery companies used by Fruits & Passion, which presently include CanadaPost within Canada and FedEx in the U.S., and the corporate policies of other delivery companies that Fruits & Passion may use from time to time. Policies concerning the signature of delivery receipts will apply to you. If you select the “deliver without signature” option in Step 2, you authorize Fruits & Passion and the shipper to leave your package in a safe place without first obtaining a signature and you will not need to worry about having someone present at the time of delivery. Selecting the “deliver without signature” option means that you irrevocably accept that a) Fruits & Passion and its designated shipper will deliver your package(s) as indicated in the “shipping address” section without obtaining your signature or the signature of a third party as long as the declared value of the shipment does not exceed $100; b) presentation by Fruits & Passion or its shipper of a delivery receipt showing the specified place and shipper’s signature release number constitute proof of proper delivery in accordance with your instructions; and c) you specifically waive the right to seek any recourse against Fruits & Passion and/or its designated shipper in the event that you do not receive your shipment(s) when proof of delivery has been provided. In addition, you will be responsible for recovering the products in accordance with the rules of one or both of the abovementioned companies.
2.7.7 Transfer of title. You become the owner of the products you ordered when Fruits & Passion turns your shipment over to the delivery company. You assume all associated risks at that point and Fruits & Passion will not be responsible for any loss, destruction or damage.
2.7.8 Payment in full. Fruits & Passion must receive payment in full for products before they can be shipped to you.
3. GENERAL INFORMATION
THE FOLLOWING PROVISIONS APPLY TO BOTH USE OF THE SITE (SEE SECTION 1 ABOVE) AND TO PRODUCT ORDERS (SEE SECTION 2 ABOVE).
3.1 Disclaimer of Warranties
THE SITE AND THE ELEMENTS CONTAINED THEREIN ARE PROVIDED AS IS, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION, IMPLICIT OR EXPLICIT. SUBJECT TO ANY APPLICABLE LAW TO THE CONTRARY, FRUITS & PASSION DISCLAIMS ANY LIABILITY AND PROVIDES NO REPRESENTATION, WARRANTY OR CONDITION, INCLUDING WARRANTIES OF MERCHANTABILITY, DURABILITY, MERCHANTABLE QUALITY OR SUITABILITY FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MOREOVER, FRUITS & PASSION MAKES NO REPRESENTATION, WARRANTY OR CONDITION RELATIVE TO (I) THE USE, VALIDITY, ACCURACY OR RELIABILITY OF THE ELEMENTS SHOWN ON THE SITE OR THE RESULTS ARISING FROM THE USE OF SUCH ELEMENTS OR (II) THE FACT THAT THE SITE AND ITS CONTENT ARE OFFERED WITHOUT INTERRUPTION OR THAT THEY WILL BE FREE OF ERRORS (WHILE FRUITS & PASSION DOES EVERYTHING POSSIBLE TO ENSURE THAT THE SITE CONTAINS NO ERRORS), THAT ERRORS /INTERRUPTIONS ON THE SITE WILL BE RECTIFIIED OR THAT THE SITE OR THE SERVER THAT HOSTS THE SITE WILL BE VIRUS-FREE.
3.2 Limitation of Liability
3.2.1 IN NO EVENT SHALL FRUITS & PASSION, ITS AFFILIATED COMPANIES OR THEIR RESPECTIVE MANAGERS, DIRECTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES OR EMPLOYEES BE HELD RESPONSIBLE FOR INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION THE LOSS OF DATA, PROFITS, REVENUE, BUSINESS OPPORTUNITIES OR ANY LOSS, DAMAGE, RESPONSIBILITY, COST OR EXPENSE ARISING FROM OR IN RELATION TO YOUR PURCHASE OF PRODUCTS FROM THE SITE, THE USE OF THE SITE OR THE INABILITY TO USE THE SITE, WHATEVER THE ORIGIN OF THE ACTION (CONTRACTUAL RESPONSIBILITY, IN TORT, NEGLIGENCE, GROSS NEGLIGENCE OR BASED UPON ANY OTHER LEGAL DOCTRINE, INCLUDING FUNDAMENTAL BREACH), EVEN IF FRUITS & PASSION HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT FRUITS & PASSION’S LIABILITY TOWARDS YOU MAY BE UPHELD, IT SHALL BE LIMITED TO THE PURCHASE PRICE OF THE ITEMS THAT YOU ORDERED ON THE SITE.
3.2.2 Regardless of the foregoing, nothing within the current Section 3.2 can have the effect of limiting your rights as a consumer with respect to one or more of the laws of public order (including consumer protection laws) that may be applicable to you.
3.3 Force Majeure
Fruits & Passion will not be responsible for non-performance, in whole or in part, of any of its obligations whatsoever toward you, or for damages or losses that you may suffer, if such non-performance, damages or losses result from an act of God or from circumstances beyond its control.
3.4 Applicable Law and Territorial Jurisdiction
The Terms and Conditions shall be governed by the laws in effect in the province of Quebec, Canada, and any claims in conjunction with the Site, its Content or its use shall be governed by laws applicable in the province of Quebec, Canada. The application of any private international law or any law that might be applied to resolve legal disputes, such as the United Nations Convention for Contracts on International Sale of Goods, is expressly excluded.
The Terms and Conditions constitute the entire agreement between Fruits & Passion and you relating to the subjects covered herein. If provisions of the Terms and Conditions or their implementation are found to be invalid as regards any statue, regulation or law whatsoever, the aforementioned provisions shall be removed from the conditions for use and the remaining provisions in the Terms and Conditions shall not be affected.