Terms of Use
Last modification: November 25th, 2020.
LYLA CREATIVE STUDIO (hereinafter: the Company) operates the www.lylacreativestudio.com web platform (hereinafter: the Site), in order to promote the services of the Company and to offer services and products for the sale.
Use of the Site is governed by the General Conditions of Use (hereinafter: the Conditions) appearing below, which constitute a contract between you and the Company. These Conditions may be modified at any time by the Company.
By using the Site, you become a User and acknowledge having read and understood these conditions. If you do not want to be bound by these terms, you must not use the Site and / or order any products available for sale through the Site.
1. OPERATION OF THE SITE
The Company operates the Site from Canada. The Company makes no warranty or representation to the effect that elements of the Site may be used in places other than Canada. Those who choose to use the Site do so on their own initiative and it is their responsibility to comply with all applicable local laws.
2. CONSENT
The User declares to have read and accepted these Conditions in force on the day of access to the Site.
The Company reserves the right to modify these Conditions at any time and it is the User's responsibility to regularly refer to the latest updated version of the Conditions.
Any access to the Site after modification of the Conditions signifies acceptance, by the User, of the most recent Conditions.
3. PRIVACY POLICY
The Company takes all reasonable measures to protect the personal data you provide to it. You can view our Data and Personal Information Management Policy HERE.
4. PROTECTION OF INTELLECTUAL PROPERTY AND COPYRIGHT
Subject to the rights of others, the User acknowledges that the Company holds the Intellectual Property rights and copyright relating to any content displayed on the Site, including, among others, any design, drawing, image, photography, illustration, montage, portfolio, text, video, logo, icon or other similar visual and / or creative elements contained in the Site (hereinafter: the Material).
Use of the Site does not give you any rights to the Material. IT IS STRICTLY FORBIDDEN for the User of the Site, in particular, in whole or in part, to copy, modify, reproduce, adapt, publish, disseminate, distribute, retransmit, translate, exploit or otherwise use, in any way whatsoever, any part of the Material or the content of the Site without the prior and explicit written consent of the Company.
Nothing in these Conditions may be interpreted as conferring on the User any license or right of use whatsoever on the elements of Intellectual Property. Therefore, any unauthorized use is strictly prohibited.
Where applicable, and subject to the provisions below, the User who purchases Equipment from the Company will also be bound by the terms of the service contract that he has accepted, including any user license specific to the Equipment. delivered as part of the service contract. In the event of a difference in application or interpretation between these Conditions and the terms of the service contract, the terms of the service contract shall prevail.
5. CONDITIONS OF SALE PRODUCTS
Through the Site, the Company may offer Material for sale. This Material thus offered for sale is described below as a Product.
The Company reserves the right to verify personal, billing or credit card information before confirming any order. Receipt by the User of an email confirming the placement of an order does not therefore automatically mean that the Company accepts said order and does not constitute a commitment by the Company to provide the product ordered.
The Company reserves the right to refuse to do business with a particular customer, or to set the appropriate limits for any order or service request, if applicable.
5.1 SELLING PRICE
The prices, fees and applicable taxes for each product or service ordered on the Site are calculated in Canadian dollars.
The price payable for each product is that displayed on the Site next to each product offered on the Site. The costs of transport and delivery of the products, as well as the applicable sales taxes will be charged to the User and will be displayed on the Site during the payment process.
Unless otherwise agreed, the Company reserves the right to modify the price of the products and services offered on the Site at any time and without notice, and also reserves the right to offer identical or similar products and services at a different price. at any event in which the Company participates.
5.2 PAYMENT TERMS
The Site supports Visa or MasterCard credit card payments through the Stripe service.
5.3 AVAILABILITY OF PRODUCTS
The Site displays Products available for sale. Despite all efforts to keep the Site up to date, the inventory displayed on the Site may be incorrect.
In the event of unavailability or lead time, the Company may withhold the order until the Products are available again.
If the Company cannot deliver any of the Products you have ordered to you, the Company will notify you by email.
5.4 DELIVERY OF PRODUCTS
The Company must have received full payment for the products to be delivered before proceeding with their delivery. Depending on the type of Product ordered, the Company will send the products ordered by the best available means, including in particular by email, shared file or other useful electronic medium.
The Company can in no way be held responsible for any failure or problem with delivery to a post office box.
Delivery will be made by Canada Post. The Company cannot be held responsible for delivery times by Canada Post.
When the products are available, the Company will initiate dispatch of the delivery within 3 to 5 working days after acceptance of the order, except during a presale or if the product is out of stock.
In the event of loss or total destruction of the postal item, the Company undertakes to take the necessary steps with Canada Post to trace the parcel, and undertakes to return at its expense another postal item to the 'User as soon as possible.
The User is responsible for providing a full address for delivery. The Company can in no way be held responsible for any failure to deliver due to an address drafting error on the part of the User.
No refund can be made to the User if the package is lost due to an address error on the part of the User.
If the package is returned to the Company, the User must assume the costs of the second shipment and pay these costs to the Company before sending the package.
No refund can be granted following an address error on the part of the User.
For any product delivered outside of Canada, the User is responsible for all costs inherent in customs clearance and any other costs inherent in exporting outside Canada.
The delivery of products is subject to the rules of the delivery companies with which the Company does business. Where applicable, the User is subject to the rules concerning taking possession and / or signing an acknowledgment of receipt of the products. It is the User's responsibility to recover the products according to the applicable rules of the delivery company.
6. REFUNDS
Given the specific nature of the Products ordered and access to the Equipment by the User after payment, and considering in particular that the Company cannot verify the destruction of Equipment and / or Products delivered in electronic formats by the 'User, the Company will not refund a Product ordered and sent.
7. MISCELLANEOUS
7.1 USER'S COMMITMENT
The User undertakes not to disseminate on the Site, in any way whatsoever and to anyone, false or inappropriate comments or material, including in particular any aggressive, abusive, racist, sexist, slanderous, defamatory comments. , illegal or violating the rights of a third party.
In particular, the Company may remove any inappropriate content from the Site and restrict a member's access to their profile, if applicable.
7.2 EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
The Site and the elements it contains are provided as is, without any warranty, implicit or explicit. Subject to any public order legislation to the contrary, the Company declines all responsibility and gives no guarantee, in particular guarantees of merchantability or suitability for a particular use.
Although L’Entreprise does everything possible to ensure that the Site contains no errors, L’Entreprise declines all responsibility for any error that may be found on the Site. Its affiliated companies, managers, employees, representatives or agents can in no way be held responsible for any damage directly or indirectly related to the use of the Site, in particular the loss of data or profit resulting from the use of the elements. of the Site or the inability to use these elements.
7.3 COMPENSATION
The User undertakes to indemnify, defend and protect the Company its parent company, subsidiaries, affiliated companies, partners, managers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, with respect to any claim or demand, including reasonable attorney's fees, made by any third party as a result of or arising out of User breach of the Terms.
7.4 FORCE MAJEURE
Under no circumstances can the Company be held liable for the non-performance, in whole or in part, of its obligations to you, nor for any damage or loss that you may suffer, if the non-performance, damage or loss results from 'a case of force majeure or a circumstance beyond its control.
7.5 MODIFICATION OF CONDITIONS
The Company reserves the right to modify its Site, the Services, and fees and any other element included in the Site at any time and, therefore, reserves the right to modify, update or supplement the provisions of the conditions of use. . It is up to the User to regularly check the latest changes made. If you continue to use the Site after the changes take effect, you acknowledge and accept the changes.
The Company assumes no responsibility for the potentially damaging consequences that may result from changes to the Site or its conditions.
7.6 LITIGATION AND ELECTION OF DOMICILE
Any legal action relating to the Site and the elements it contains, or arising from the use of the Site, is governed by the laws applicable in the territory of the province of Quebec and Canada.
These Conditions are governed by the laws of the province of Quebec and legal action related to these will only be brought before a competent court in the district of Longueuil, the parties hereby submitting to the exclusive jurisdiction of such courts and waiving any objection to holding a trial in such courts.
7.7 INTERPRETATION
Headings used are for reference and convenience only. They do not in any way affect the meaning or scope of the provisions they refer to. All words and terms used in these Terms should be interpreted as including the masculine and the feminine, as well as the singular and the plural, depending on the context or the meaning herein.
7.8 AUTONOMY OF PROVISIONS
If any of the provisions of these terms and conditions are found to be invalid or unenforceable, said provision will be deleted, without impacting on the other provisions, which will remain in effect. Any provision confirmed partially or totally void and / or unenforceable will be replaced to the extent possible by an appropriate valid provision, which comes as close as possible to the original objectives.
7.9 CONTACT INFORMATION
If you have any questions about these conditions, the Services offered or to make a comment, please send an email to the Company by clicking HERE specifying the reason in the subject line of the email.