Terms of Service

TERMS AND CONDITIONS OF PURCHASE

Please read these terms carefully before using our service.

Last update: July 20, 2022

Customer acknowledges that access for delivery is sufficient for the dimensions of the merchandise and is the sole responsibility of the customer, Casavogue, its sales, customer service and delivery teams not being responsible.

Merchandise identified in the contract cannot be returned or otherwise cancelled;

The customer acknowledges that the merchandise identified in the contract is the merchandise of his choice and that he will receive it upon delivery, all at his own responsibility;

The delivery fees include a delivery team of 2 people. In case of addition of any person to this delivery team if necessary to complete the delivery, an additional charge of 125$ will apply and must be paid by the customer before or at the delivery.

Prior to delivery of the merchandise, the customer must ensure that all accesses are cleared and that all furniture, frames, and canvases that may be damaged or that may limit access are removed. The access must be a minimum of 36 inches in width or radius, as the case may be, along its entire trajectory from the delivery truck exit. Therefore, it is entirely the customer's responsibility to clear these accesses, including snow removal, placement of abrasive or other material to avoid an accident to the delivery team and to pay for any breakage that may occur during delivery to the full exoneration of Casavogue. The same applies to all common areas, stairwells, elevator shafts and / or elevators, the customer must notify prior to delivery, the concierge service, if any, of this request for access, and this, so that the delivery team of Casavogue is not delayed. Casavogue will not provide protective equipment for the common areas, this being the responsibility of the customer. In the event that elevators are not available or are non-existent, the delivery team will climb a maximum of two (2) floors.

The customer acknowledges that if a second delivery has to be arranged following his absence on the scheduled delivery day, preventing access to the property, an additional charge of $350 per two-person delivery team and $125 for any additional person to the delivery team will apply. Charges must be paid prior to delivery, which must be within 5 business days of the original delivery date, or a storage fee of $125 per month will apply until delivery is complete. Storage charges will be added to and paid from any Deposit paid by the customer or to be added before delivery;

The absence of the customer when taking possession of the merchandise on the scheduled delivery day or the unavailability of the customer to set a delivery date will result in additional charges of a minimum cost of $350 plus applicable taxes in addition to any other charges. This fee will be deducted from any Deposit in Casavogue's possession;

The customer acknowledges that Casavogue is not responsible for delays in delivery by manufacturers of merchandise purchased by the customer;

In such a case, Casavogue may make a partial delivery, without additional charge to the customer for the undelivered goods. However, the customer will have to pay the full amount for the items that will be delivered. The deposit of 30% of the delayed goods by the manufacturer will be kept and the customer will not be able to proceed to the cancellation of the undelivered goods with delay of delivery.

As soon as the goods are ready for total or partial delivery (in case of delayed delivery by the manufacturer), the customer must take possession of the goods and pay the required balance to Casavogue. Thus, if the customer refuses to fix the delivery date, which cannot exceed five (5) working days, the customer will have to pay in addition to the cost of the goods, additional delivery charges, if any, a lump sum of storage in the amount of 125$ per month.

A contract signed more than six (6) months before the date of fixing delivery may, in case of failure to deliver, be considered void by Casavogue. The customer cannot request the application of a promotion or the reduction of the price of the goods. On the contrary, Casavogue can demand from the customer any adjustment of the price of the goods at the date of delivery;
The customer elects domicile in the district of Montreal regarding the contract and the present terms and conditions;
The customer acknowledges that the present contract includes a perfect arbitration clause and is governed by the rules of the Civil Code of Quebec in similar matters, to the complete exclusion of the civil courts;
The customer acknowledges that any extended warranties he may have paid for the merchandise do not include the labor or delivery crews of Casavogue, which may request, at any intervention, the payment of an hourly rate, per man of 85$ plus applicable taxes, unless this service is explicitly included in the external warranty paid by the customer at a minimum rate of 85$ plus applicable taxes;
Except for manufacturers' warranties, Casavogue does not offer any conventional warranty to the customer on the merchandise;
The failure of Casavogue to demand the full amount of the merchandise cannot be interpreted against it, the payment being the responsibility of the customer;


GENERAL CONDITIONS OF USE OF THE WEBSITE

Last update: July 20, 2022



INTERPRETATION AND DEFINITIONS



INTERPRETATION


Words whose initial letter is capitalized have meanings defined in the following conditions. The following definitions have the same meaning whether they appear in the singular or plural.



DEFINITIONS


For the purposes of these Terms and Conditions:

Affiliate: Refers to an entity that controls, is controlled by, or is under common control with a party, where the term "control" refers to ownership of 50% or more of the shares, interests, or other securities entitled to vote for the election of directors or other management authority.

Country: Refers to: Quebec, Canada

The Company: (referred to as "the Company", "we", "us" or "our" in this Agreement) means AMEUBLEMENT CASA VOGUE INC. 8260 boul. Montreal (Quebec) H1Z3E2 Canada.

Device: Means any device that allows access to the Service such as a computer, cell phone or digital tablet.

Goods: Refers to items offered for sale on the Service.

Order: Means a request by you to purchase products from us.

Service: means the Website.

Terms and Conditions (also referred to as "Terms"): Means these Terms and Conditions which constitute the entire agreement between You and the Company regarding the use of the Service.

Third Party Social Media Service means any service or content (including data, information, products or services) provided by a third party that may be posted, included or made available through the Service.

Website: Means the Casavogue website, accessible from https://casavogue.ca/.

You: Means the person accessing or using the Service, or the company or other legal entity on whose behalf such person accesses or uses the Service, as applicable.



ACKNOWLEDGEMENT


These terms and conditions govern the use of the Service and constitute the agreement between you and the Company. These terms and conditions set forth the rights and obligations of all users with respect to the use of the Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions. These terms and conditions apply to all visitors, users and other persons who access or use the service.

By accessing or using the Service, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, you may not access the Service.

You represent that you are over the age of 18. The Company does not permit persons under the age of 18 to use the Service.

Your access to and use of the Service is also conditioned on your acceptance of and compliance with the Company's Privacy Policy. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal information when you use the App or the Website and informs you of your privacy rights and how the law protects you. Please read our privacy policy carefully before using our service.

ORDERING GOODS


By placing an order for goods through the Service, you warrant that you are legally capable of entering into binding contracts.



YOUR INFORMATION


If you wish to place an order for products available on the Service, you may be asked to provide certain information related to your order, including your name, email address, telephone number, credit card number, credit card expiration date, billing address and shipping information.

You represent and warrant that: You have the legal right to use any credit or debit card(s) or other method(s) of payment in connection with any Order; and that the information you provide to us is true, correct and complete.

By submitting such information, you grant us the right to provide such information to third party payment processors in order to facilitate the fulfillment of your order.


CANCELLATION OF ORDER


We reserve the right to refuse or cancel your order at any time for certain reasons, including but not limited to:

Availability of goods

Errors in product description or pricing

Errors in your order

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.


YOUR RIGHTS TO CANCEL AN ORDER


Any merchandise you purchase may only be returned in accordance with these terms and conditions and our return policy.

Our Return Policy is an integral part of these Terms and Conditions. Please read our Return Policy to learn more about your right to cancel your order.



AVAILABILITY, ERRORS AND INACCURACIES


We constantly update our offerings of goods on the Service. Goods available on our Service may be mispriced, inaccurately described or unavailable, and we may experience delays in updating information about our goods on the Service and in our advertising on other websites.

We cannot guarantee and do not warrant the accuracy or completeness of any information, including prices, product images, specifications, availability and services. We reserve the right to make changes or updates to the information and to correct errors, inaccuracies or omissions at any time without notice.



PRICING POLICY


The Company reserves the right to revise its prices at any time before accepting an order.

Prices quoted may be revised by the Company after an order has been accepted in the event of an event affecting delivery caused by government action, changes in customs duties, increases in shipping costs, increases in currency exchange costs and any other matter beyond the Company's control. In this case, you will have the right to cancel your order.



PAYMENTS


All goods purchased are subject to a single payment. Payment can be made through the various payment methods we make available to you, such as Visa, MasterCard, Affinity Card, American Express or online payment methods (e.g. PayPal).

Payment cards (credit cards or debit cards) are subject to validation checks and authorization from your card issuer. If we do not receive the required authorization, we will not be responsible for any delay or non-delivery of your order.



INTELLECTUAL PROPERTY


The Service and its original content (excluding content provided by you or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark and other laws of this country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

LINKS TO OTHER WEBSITES


Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

Company has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third party website or service. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or service.

We urge you to read the terms and conditions and privacy policies of any third-party website or service you visit.



TERMINATION


We may terminate or suspend your access immediately, without notice or liability, for any reason, including, but not limited to, if you violate these Terms and Conditions.

Upon termination, your right to use the Service will cease immediately.



LIMITATION OF LIABILITY


Notwithstanding any damages you may suffer, the Company's and its suppliers' entire liability under any provision of these Terms and your exclusive remedy for any of the foregoing shall be limited to the amount actually paid by you through the Service or $100 if you did not purchase anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect or consequential damages whatsoever (including, without limitation, damages for loss of profits, loss of data or other information, business interruption, personal injury, loss of privacy arising out of or in any way connected with the use of or inability to use the service, third party software and/or third party hardware used in connection with the service, or otherwise in connection with any provision of these terms), even if the company or any supplier has been advised of the possibility of such damages and even if the remedy does not fulfill its essential purpose.

Some states do not allow the exclusion of implied warranties or the limitation of liability for incidental or consequential damages, so some of the above limitations may not apply. In such states, each party's liability shall be limited to the fullest extent permitted by law.



"AS IS" AND "AS AVAILABLE" DISCLAIMERS.


The service is provided to you "AS IS" and "AS AVAILABLE", with all faults and defects, without warranty of any kind. To the fullest extent permitted by applicable law, the Company, on behalf of itself and its affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, as well as any warranties that may arise from a course of dealing, performance, usage or trade practice. Without limiting the foregoing, the Company makes no warranties or covenants, and makes no representations whatsoever that the Service will meet your requirements, achieve expected results, be compatible or function with any other software, application, system or service, operate uninterrupted, meet any performance or reliability standards, or be error-free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither Company nor any of its suppliers makes any representation or warranty of any kind, express or implied: As to the operation or availability of the Service or the information, content, and materials or products included therein; that the Service will be uninterrupted or error-free; that the information or content provided through the Service is accurate, reliable, or current; or that the Service, its servers, content, or e-mail sent by or on behalf of the Company are free of viruses, scripts, Trojan horses, worms, malware, time bombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or the limitation of a consumer's applicable statutory rights, so some or all of the above exclusions and limitations may not apply to you. But in such case, the exclusions and limitations set forth in this section shall apply to the fullest extent permitted by applicable law.



APPLICABLE LAW


The laws of the country, excluding its conflict of laws rules, govern these Terms and your use of the Service. Your use of the Application may also be subject to other local, state, national or international laws.



DISPUTE RESOLUTION


If you have any concerns or disputes regarding the Service, you agree to first attempt to resolve the dispute informally by contacting the Company.





SEVERABILITY AND WAIVER


SEVERABILITY


If any provision of these Terms is found to be unenforceable or invalid, that provision will be modified and construed to effect the purposes of that provision to the maximum extent possible under applicable law and the remaining provisions will remain in full force and effect.



WAIVER


Except as provided herein, the failure to exercise any right or require performance of any obligation under these Terms shall not affect the ability of any party to exercise such right or require such performance at any time thereafter, and waiver of any breach shall constitute a waiver of any subsequent breach.



TRANSLATION AND INTERPRETATION


These Terms and Conditions may have been translated if we have made them available to you on our Service. You agree that the original English text will govern in the event of a dispute.



CHANGES TO THESE TERMS AND CONDITIONS


We reserve the right, in Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will use reasonable efforts to provide at least 30 days' notice prior to the new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use our service after such revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please discontinue use of the Website and the Service.



CONTACT US

If you have any questions about these Terms and Conditions, you may contact us:

By email: marketing@casavogue.ca