TERMS & CONDITIONS
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
- B. GIFT CARD TERMS
1. Acceptance of Terms
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. A breach or violation of any of the Terms will result in an immediate termination of your services.
2. Intellectual Property
Under these Terms and Conditions, the term "content" collectively refers to all articles, page headers, custom graphics, button icons, writing, presentation, arrangement, coordination, improvement of images, and any other information contained in the text, graphics, audio and video clips, images, photographs, icons, software, patterns, applications, data, trademarks, trade names, and other elements and information available on or through the website that are not submissions (as defined below). This content is the property of Maison Marie Saint Pierre, members of its group, and/or its respective owners, as applicable.
The website and its content are protected by Canadian, American and international laws governing copyrights, trademarks and other proprietary rights (including, but not limited to, intellectual property rights) that apply. Your use of the website does not grant you any ownership or other rights in the website or its content. You may only use the website and its content as expressly described in these Terms and Conditions and subject to applicable law. Copying, redistributing, using or publishing any of these elements or any part of the website is strictly prohibited.
3. Website & Restrictions
Only individuals who can legally enter into binding contracts under applicable law, who have reached the age of majority at their place of residence (e.g., 18 years or older) and who have not been prohibited from accessing the Website under applicable law may access and use the Website.
You are granted a non-exclusive, non-transferable, and revocable license to access and use the website strictly in accordance with these Terms and Conditions. As a condition of your use of the website, you represent and warrant to Maison Marie Saint Pierre that you will not use the website for any illegal or prohibited purpose. You acknowledge and agree that Maison Marie Saint Pierre, at its sole discretion and without notice or any other obligation to you, may temporarily or permanently suspend or discontinue the Website and refuse any and all current and future use of the Website. You may not use the Website in a manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
You agree not to:
- Resell for commercial purposes any products purchased through the Website or, if applicable, through a retail store;
- Sell, resell, distribute, or frame the Website or its content;
- Modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any content;
- Use, frame or implement framing techniques to incorporate any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Maison Marie Saint Pierre without its written express consent;
- Collect or use product descriptions or lists;
When using the Website, you are not authorized to:
- Violate or attempt to violate or otherwise bypass any security measures or authentication procedures of the Website, the server on which our websites are stored, or any server, computer, or database connected to the Website;
- Transmit or submit to the Website any item including, but not limited to, viruses, malware, destructive or malicious code, or any other routine, device, or function that interferes with the Website or harms or provides unauthorized access to the Website, including systems and servers that host the Website;
- Use data scraping, robots, or other similar data collection and extraction methods from the Website;
- Forge headers, create false identities, or otherwise manipulate identifiers to deceive others or disguise the origin of any content or other information transmitted to or through the Website.
Any unauthorized use of the website will terminate the authorization or license granted by these Terms and Conditions, result in the prohibition of your use of the website, and may constitute a violation of applicable law, including but not limited to laws governing copyrights, trademark laws (including trade dress), and communications regulations and statutes.
4. Product Information
All products or services displayed on the website are available at select Maison Marie Saint Pierre retail stores in Canada while supplies last. In some cases, merchandise displayed for sale on the website may not be available in stores. Prices displayed on the website are in Canadian dollars and only valid and effective in Canada. Prices displayed on the website in other currencies, based on your location, are only valid and effective in the respective currency-displaying countries.
The items displayed on this website are available until stocks run out, in each store or in our warehouse that supplies our website. The color rendering of the items displayed on this website depends on the color calibration of our photographs as well as many parameters related to the operation and use of your devices. The color and price of these items may vary from those of the items offered in Maison Marie Saint Pierre stores. The items offered on our website and their prices are not necessarily the same as the items and prices in our stores. In the case of items purchased online, the prices indicated on our website exclude taxes or shipping costs.
It may happen that information displayed on our website contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, prices, promotions and related offers, and availability. We reserve the right to correct errors, inaccuracies, or omissions and to modify or update information or cancel orders if the information displayed on the website is, at any time, inaccurate, and this, without notice (including after you have placed your order), to the extent permitted by law.
5. Your Account
If you purchase products through the website, we may ask you to create an account with Maison Marie Saint Pierre, and you may choose to do so at your discretion. You are solely responsible for (i) maintaining the security and confidentiality of your account and account password; (ii) restricting access to your computer and your account; and (iii) keeping the email address listed on your account current. You are entirely and solely responsible for all activities, including but not limited to, all purchases made through the website that are conducted using your account or account password.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
6. Electronic Communications
You agree to receive electronic communications from Maison Marie Saint Pierre in the form of email sent to your email address indicated in your account or in the form of communications published on the website for all purposes. You acknowledge and agree that any electronic communication in the form of such email or such publication on the website must satisfy any legal requirement that such communication must be in writing.
You acknowledge that you are responsible for the information, profiles, goals, opinions, messages, comments, and any other content (each a "submission") that you submit, upload, publish, or otherwise make available on the website and through the services available in connection with the website, and that you, and not Maison Marie Saint Pierre, are solely responsible for each submission you make, including its legality, reliability, suitability, and ownership of trademarks, copyrights, and other intellectual property rights.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
You represent and warrant that: (i) you own all submissions published by you on the website or through it, (ii) your submission is accurate and does not mislead, and (iii) the publication of your submissions on the website or through it does not infringe the right to privacy, the right to personality protection, trademark rights, copyright rights, contract rights, or any other right of another person or entity, or violate any law, rule, regulation, or decree in effect. You agree to pay for all fees, royalties, damages, and other amounts due to another person as a result of any submission published by you on the website or through it.
When you submit submissions on the website, you agree not to, but without limitation:
- use a false email address, impersonate another person or entity, or otherwise deceive as to the origin of the content;
- attempt to gain unauthorized access to Maison Marie Saint Pierre's computer network or user accounts;
- encourage conduct that would constitute a criminal offense or give rise to civil liability;
- attempt to damage, disable, overburden, or impair the servers or networks of Maison Marie Saint Pierre;
- fail to comply with applicable third-party Terms and Conditions;
- defame, abuse, harass, threaten, spy on or otherwise violate the legal rights of others (such as privacy rights and personality rights);
- use racist, ethnically offensive or otherwise offensive language; discuss illegal activity or encourage such activity;
- use explicit or obscene language;
- publish any content that exploits children or minors or that depicts cruelty to animals;
- publish any content protected by copyright, relating to a trade secret, exclusive or associated with a trademark or exclusive patent without the express authorization of the holder of such rights;
- disseminate any unsolicited or unauthorized advertising or promotional content, "spam", "junk mail", "chain letters", "pyramid schemes" or any other form of such solicitation.
This list of prohibitions provides examples and is not complete or exclusive. It does not oblige Maison Marie Saint Pierre to monitor, control or remove any submission or other information submitted by you or any other user.
Maison Marie Saint Pierre reserves the right, at its sole discretion, to (i) terminate your access to your account, (ii) end your ability to publish content on the website, and (iii) refuse, remove, modify, edit, or delete any submission, with or without cause and with or without notice, for any reason or no reason, or for any action that Maison Marie Saint Pierre deems inappropriate. Maison Marie Saint Pierre may report to law enforcement any action that may be illegal or reasonably suspected of being illegal, and any report of illegal conduct. When required by law, or at the discretion of Maison Marie Saint Pierre, Maison Marie Saint Pierre will cooperate with law enforcement in the context of any investigation into allegations of illegal activity on the website or on the Internet.
Maison Marie Saint Pierre's policy states that we do not accept or take into account content, information, ideas, suggestions, or other documents other than those we have specifically requested and to which certain conditions, Terms, and requirements may apply. This is to avoid any misunderstanding if your ideas are similar to those we are developing or have developed independently. Therefore, Maison Marie Saint Pierre does not accept unsolicited documents or ideas and accepts no responsibility for any document or idea transmitted in this way. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other documents, you also agree that Maison Marie Saint Pierre is free to use this content, information, ideas, suggestions, or other documents for all purposes, including, but not limited to, developing and marketing products and services, without any responsibility or payment of any kind on your part.
You agree to indemnify, defend and hold harmless Maison Marie Saint Pierre and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
9. Third-party Sites
The website may contain links to other websites ("linked sites"). Certain content, products and Services available via our Service may include materials from third-parties. Linked sites are not under the control of Maison Marie Saint Pierre, and Maison Marie Saint Pierre is not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
10. Creating Links to the Website
You are authorized to create links to the website and our different pages, provided that you do so in a fair and legal manner that does not tarnish our reputation or take advantage of it, but you are not authorized to establish a link in such a way as to suggest any form of association, approval, or support on our part when there is none. You are not authorized to establish a link from a website that does not belong to you. Sites must not be framed on any other website. We reserve the right to remove link authorization without notice, for any reason or without reason. The website from which you create a link must comply with these conditions in every respect.
11. Disclaimer of Warranties & Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and Services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Maison Marie Saint Pierre, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
12. Governing Law
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada.
Any dispute arising from these Terms and Conditions or the website or related thereto will be resolved in accordance with the laws of the province of Quebec and applicable federal laws of Canada. Any dispute or claim arising from these Terms and Conditions or related thereto will be resolved by the courts of Quebec.
14. Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
If a provision in these Terms and Conditions is found to be invalid by a competent court, the invalidity of that provision will not affect the validity of other provisions in these Terms and Conditions, which will remain in full force and effect.
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
17. Contact Information
Questions about the Terms & Conditions should be sent to us at the following address: email@example.com.
B. Gift Cards Terms
For any inquiries regarding the balance of a Gift Card, please contact us at firstname.lastname@example.org or visit our website.
Maison Marie Saint Pierre Gift Cards can be purchased in store and on the website, in increments of $50 CAD, starting from $50 CAD and up to $500 CAD. They have no value before they are activated. Maison Marie Saint Pierre reserves the right to suspend or delay activation until payment is validated. Gift cards are only valid if they are purchased in store or on the website. A Gift Card is not valid or usable if obtained from unauthorized sellers or resellers and we decline all responsibility in this regard.
It is your responsibility to obtain a receipt for purchases made with the Gift Card and to ensure that the card number on the receipt matches the number on the Gift Card.
- You cannot use third-party Gift Cards to purchase a Maison Marie Saint Pierre Gift Card.
- You cannot use Maison Marie Saint Pierre Gift Cards, regardless of the balance, to purchase a Maison Marie Saint Pierre Gift Card.
- A Gift Card is not a payment, credit, or debit card. No implied warranties apply to purchased Gift Cards.
- Gift cards cannot be returned, resold, used for payment anywhere other than our stores or website, used for unauthorized advertising, commercial, or promotional purposes, exchanged for any value, exchanged for cash, returned for a cash refund (unless required by law), or used in any way prohibited by Maison Marie Saint Pierre. No portion of your Gift Card balance may be transferred to another person or applied to another account, unless required by law.
- In the case of a Gift Card purchase on our website, you are required to provide a valid address or email address, as applicable. Maison Marie Saint Pierre declines all responsibility for undeliverable or unreceivable Gift Cards due to erroneous information you may have provided.
- Maison Marie Saint Pierre cannot be held responsible for Gift Cards purchased or sold through websites that facilitate the sale of second-hand products. Gift cards obtained from sources other than Maison Marie Saint Pierre stores or Maison Marie Saint Pierre website are likely to be invalid or have a balance or refundable value that is less than that presented by the unauthorized provider.
Gift cards can only be used in stores and on the website.
When using the Gift Card to make a purchase, the available balance will be deducted from the purchase amount and each subsequent purchase will be deducted from the balance. Using your Gift Card to make purchases is a deduction from the remaining value of your card. The balance will remain on the Gift Card until it reaches zero, at which point the Gift Card will be deactivated. You must have a sufficient balance on a Gift Card to make purchases or pay any difference between the available balance and the total transaction amount in cash or by credit card, or with any other payment method accepted by Maison Marie Saint Pierre. Maison Marie Saint Pierre reserves the right to refuse a Gift Card or limit its use if Maison Marie Saint Pierre has reason to believe its use is unauthorized, fraudulent, or illegal.
All returns for purchases made with a Gift Card will result in a credit being posted to the Gift Card or the issuance of a new Gift Card equal to the amount of the returned items. If multiple payment methods were used for the purchase, the amount paid with the Gift Card will be refunded accordingly.
4. Risk of Loss
The risk of loss and title to Gift Cards are transferred to the buyer upon sale, upon Maison Marie Saint Pierre's electronic transmission of the Gift Card to the buyer or designated recipient, whichever is applicable.
It is your responsibility to protect your Gift Card against unauthorized use. Maison Marie Saint Pierre is not responsible for loss, theft, or destruction of a Gift Card or unauthorized use of a Gift Card. Maison Marie Saint Pierre will not replace lost, stolen, or unauthorized used Gift Cards. Be aware of Gift Card fraud. Do not share your Gift Card number if you do not make a purchase in our stores or on our website. You can report potential frauds to local police departments and the FTC (reportfraud.ftc.gov). There are a variety of Gift Card frauds that require payment by Gift Card. Visit FTC.gov/giftcards for more information on Gift Card frauds. Maison Marie Saint Pierre is not responsible for illegal or fraudulent behavior by any third party associated with any Gift Card.
Gift cards never expire and no fees will ever accumulate.
6. Violation of these Conditions
By using a Gift Card, you agree to comply with our Gift Card usage conditions and not use it in a manner that could harm Maison Marie Saint Pierre. If you commit any violation of our conditions, company policies, or if, in our sole discretion, you harm our customers, our reputation, our brand image, our activities or our operations, we reserve the right to take action against you and impose restrictions on Gift Cards, including on balances, services, accounts, orders and purchases related to these Gift Cards. We reserve the right, without notice, at any time and at our sole discretion, to (i) prohibit the purchase, use, exchange or reloading of Gift Cards; (ii) proceed with the cancellation, limitation, modification, deactivation, suspension or prohibition of using Gift Cards, and without refund; (iii) take care of the cancellation or limitation of orders (including orders related to Gift Cards and balances used to make purchases); or (iv) close or suspend your accounts or access to our services. Such a situation could arise in certain circumstances, including (i) if a Gift Card was obtained or used to an online account, or used as a payment method in a fraudulent, illegal or contrary to our conditions and policies manner; (b) if we encounter a problem with the payment made; and/or (c) if an update or change in law imposes new legal requirements.
7. Compliance with Laws
By using the Gift Card, you attest to comply with the conditions, all applicable laws, rules and regulations, and certify that the Gift Card will not be used in a deceptive, false, abusive or otherwise harmful manner to anyone. In addition, you agree to release Maison Marie Saint Pierre from any settlement, expense or liability incurred by any of them in connection with your use of a Gift Card or your violation of these conditions. You undertake to exonerate Maison Marie Saint Pierre from any potential claim or expense on your part and any inconvenience you may suffer in relation to your use of the Gift Card or violation of any of the conditions.
8. Prohibition of Use for Promotional or Affiliation Purposes with Maison Marie Saint Pierre
Maison Marie Saint Pierre Gift Cards can be used for personal or professional gifts, but not for marketing, advertising or other promotional activities.
It is strictly forbidden to use the name, logo, commercial presentation (including the image/resemblance of products) or intellectual properties of Maison Marie Saint Pierre, in a manner indicating or suggesting that a person, website, company, product or service is endorsed or sponsored by Maison Marie Saint Pierre, without prior written consent from Maison Marie Saint Pierre.
9. Liability Limit
Maison Marie Saint Pierre provides no express or implied warranties regarding Gift Cards, including but not limited to any express or implied warranty of merchantability or fitness for a particular purpose. In the event that a Gift Card code does not work, your sole remedy and our only liability is limited to the replacement of that same Gift Card.
10. Applicable Law
If you purchase, receive, or exchange a Gift Card from Maison Marie Saint Pierre, you agree that the laws of the province of Quebec and the federal laws of Canada, or the federal laws of the United States, as the case may be, regardless of any conflicts of laws, govern all conditions of the Gift Card Terms.