TERMS OF USE

Every person accessing this website (hereinafter “the website”, “the Brault & Martineau website” or “braultetmartineau.com”) agrees as a user to the terms of use set out herein, and understands that Brault & Martineau reserves the right to change said terms of use from time to time without prior notice.

General

Brault & Martineau maintains this website, braultetmartineau.com, for legitimate entertainment, information, education and personal communication purposes. By using this website, you agree to these terms of use, which are subject to the laws of the province of Quebec and the applicable laws of Canada.

You use this website at your own risk. Neither Brault & Martineau, nor any other party to the creation, production or delivery of this website is liable for direct, indirect, unforeseen, incidental or punitive damages arising from access to or use of this website. Brault & Martineau is not liable for damages arising from browsing the website or downloading any material, data, text, images or videos.

Brault & Martineau endeavours to ensure that the content of the website is accurate and current. However, Brault & Martineau does not guarantee that the information on the website is free of error, inaccuracy or omission. Error may relate to the price, description, colour or availability of products. All images, text and prices indicated on this website are based on the most recent information available at the time of posting on braultetmartineau.com. Our vigilance notwithstanding, errors may occur. Brault & Martineau is not liable for photographic or typographic errors. Please note that while Brault & Martineau endeavours to reproduce the colours of products presented on this website as accurately as possible, we cannot guarantee that the colour you see is precisely the colour of the product.

Brault & Martineau reserves the right to correct any error or change the content of the website without prior notice. In addition to all other rights and recourses available to it, and without incurring any liability whatsoever, Brault & Martineau may at its entire discretion and without giving notice interrupt or limit your access to any part of braultetmartineau.com at any time.

Ownership and use of the website

All the content, without limitation, and including all text, design elements, graphics, drawings, photographs, code and software belonging to any organization, and the presentation of such content, that make up this website are subject to intellectual property rights, including copyright, trade-marks, trade names, words, advertising symbols and logos used under licence by Brault & Martineau or its associates. All such rights are reserved. The use of specific trade-marks, trade names, logos or images is reserved to their respective owners and shall, unless authorized, constitute a violation of the rights of said owners.

The Brault & Martineau website may not be copied, reproduced, republished, downloaded, displayed, transmitted or disseminated in whole or in part without the written consent of Brault & Martineau. You may download, view or print documents presented on braultetmartineau.com solely for your personal, non-commercial use. The unauthorized use of braultetmartineau.com or documents posted to it may violate laws governing copyright, trade-marks and intellectual property, or other applicable laws. You may not alter copyright or trade-mark notices or any other notice of exclusive ownership contained in such documents. The use of such documents on any other website or in any other computer network environment is prohibited. Alteration in any way of any document printed off the Brault & Martineau website is likewise prohibited.

Prices, descriptions and images

Brault & Martineau reserves the right to change retail prices, descriptions and images at any time without prior notice. The prices posted do not include taxes. All prices are quoted in Canadian dollars. Despite all efforts by Brault & Martineau to be as accurate as possible, the price, description or image of an item posted to the website may contain inaccuracies. If the correct price of an item is less than the price posted on the website, we invoice the correct price.

Contests, promotions and rebate coupons

Brault & Martineau may hold contests, arrange promotions or publish rebate coupons from time to time for use by visitors to its website. All contests are subject to this agreement, and the applicable contest rules. By participating in a contest or promotion, or printing a rebate coupon, you signify your acceptance of all related rules.

ONLINE SHOPPING CONTRACT

Following are the provisions of the online shopping contract between Brault & Martineau and the purchaser of goods or services (hereinafter “the customer”) from braultetmartineau.com. If you do not accept the terms of this contract, you may not purchase anything from the website. We therefore request that you read the following provisions carefully. Please note that if you are less then 18 years old, you may not make online purchases from braultetmartineau.com.

1. Introduction

The customer accepts the terms of this online contract respecting goods, services and information provided on the website. This contract constitutes the entire and only agreement between the customer and Brault & Martineau. When a transaction is submitted on this website, the customer is deemed to have read and understood this contract in its entirety before purchasing any product, and confirmation of the sales transaction shall be deemed to signify acceptance of this contract. Should the customer apply for financing through Visa Desjardins, the customer accepts all the terms of the credit contract contemplated in this agreement (see details here).

2. Installation and payment

The customer guarantees (1) that the information on the credit card proffered is truthful, accurate and complete, (2) that the charges incurred by the customer will be honoured by the customer’s credit card company and (3) that the customer will pay the charges incurred, including all applicable taxes. The customer shall be liable for all charges incurred by the use of the user’s password. The customer undertakes to keep the password confidential, and to notify Brault & Martineau within 24 hours of any violation of this contract or unauthorized use of the password. Brault & Martineau does not undertake to save the customer harmless against any use of the customer’s password.

3. Copyright

The content, organization, arrangement, compilation, digital conversion and any other aspect of the website are protected by copyright, registered trade-marks and other ownership rights, including intellectual property rights. Copying, distribution, use or publication of such content in whole or in part by the customer is prohibited.

4. Revision, removal and modification

Brault & Martineau reserves the right, at its entire discretion, to revise or remove any information or content from the website and withdraw goods or services of any kind from sale. Brault & Martineau may amend this contract, change prices, or terminate or revise any part of the website at its sole discretion, without warning and without notice. When posted to the website, any amendment to this contract shall be deemed to apply to transactions subsequent to that date.

5. Right of refusal

Brault & Martineau reserves the right, at its entire discretion, to refuse any sale or service at any time. The sale of goods or services of any kind is subject to availability.

6. Exchange and reimbursement policy

If any product purchased is defective, the customer shall contact Brault & Martineau’s Customer Service Department within 24 hours of delivery. The Customer Service Department shall decide whether to exchange the product, have it repaired, or reimburse the customer.

7. Defective products

If the defective product was delivered in a Brault & Martineau vehicle, the exchange or return shall be carried out in a Brault & Martineau vehicle without additional delivery charges on a date agreed upon between the customer and Brault & Martineau.

If the customer so wishes, and so states when calling Brault & Martineau’s Customer Service Department, the customer may make their own arrangements to exchange or return the product to any of our branches.

In any exchange or return, the product must be returned as received, in its original carton and with all the accessories that were delivered. If the original carton or an accessory is missing, penalty charges shall be deducted from the exchange or reimbursement order. Such charges vary, depending on what is missing, and no general description thereof is possible.

In the event of a reimbursement, the cost of the product returned and any initial delivery charges shall be credited to the credit card used, as soon as possible after the return of the product.

8. Product descriptions

In all its activities, Brault & Martineau is motivated by a concern for excellence and strives to maintain that standard at all times in order to ensure the greatest possible accuracy on its website. However, Brault & Martineau does not guarantee that product descriptions, colours and other content on its website are accurate, complete, current and free of all error. If a product offered on braultetmartineau.com does not match the description, your only recourse is to contact Brault & Martineau’s Customer Service Department to make the necessary arrangements.

9. Prices

All product prices are quoted and payable in Canadian dollars. Applicable taxes are additional. In all cases, products are billed at the price in effect when the order is placed. Brault & Martineau reserves the right to change prices at any time without prior notice.

10. Taxes

Brault & Martineau calculates taxes based on the delivery address for the order. Delivery is available within a 200 km radius of one of our stores for an amount of $29.99$. Beyond that distance, delivery is available at a reasonable additional charge. Please contact the Customer Service Department for more details.

11. Payment

Purchases must be paid for by credit card. We do not accept cheques or money orders. The amount quoted shall be paid in accordance with the payment procedure specified at registration. The customer agrees to pay the total cost and any charges related to the product purchased, including taxes. Brault & Martineau may change the price, after notifying the customer. The customer is solely responsible for payment for the product purchased. The user of a service offered is solely responsible for payment by credit card. Brault & Martineau is not responsible for any payment problems related to the operation of electronic business services.

12. Compensation

The customer undertakes to compensate and save Brault & Martineau and its subsidiaries and suppliers harmless against any liability, loss, complaint or expense arising from the customer’s failure to comply with this contract, or the customer’s use of the website.

13. Non-transferability

The customer’s right to use the service is not transferable, and is subject to any limitations imposed by Brault & Martineau or the customer’s credit card provider.

14. Waivers

CONTENT, GOODS AND SERVICES OFFERED ON THE WEBSITE ARE SUPPLIED “AS IS”. ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE WAIVED. INFORMATION MAY CONTAIN ERRORS, PROBLEMS OR LIMITATIONS. OUR SOLE AND MAXIMUM LIABILITY IS LIMITED TO INFORMATION THAT IS INCORRECT FOR ANY REASON. DAMAGES SHALL BE LIMITED TO ANY AMOUNT PAID FOR THE INFORMATION RECEIVED. WE SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, ACCIDENTAL OR COLLATERAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS, PROCEEDINGS OR OTHER DAMAGES, WHETHER BASED ON VIOLATION OF CONTRACT, VIOLATION OF WARRANTY, CIVIL LIABILITY (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, WHETHER OR NOT WE ARE FOREWARNED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS ON DAMAGES SET OUT ABOVE ARE OF THE ESSENCE OF THE BUSINESS RELATIONSHIP BETWEEN BRAULT & MARTINEAU AND THE CUSTOMER. ACCESS TO THE WEBSITE IS NOT PROVIDED, AND GOODS AND SERVICES ARE NOT SUPPLIED, WITHOUT THE SAID LIMITATIONS ON LIABILITY. SOME LEGISLATION MAY BE APPLICABLE TO SUCH LIMITATIONS ON LIABILITY.

15. Use of information

Brault & Martineau reserves the right, and the customer authorizes Brault & Martineau, to transfer any information respecting the customer’s use of the website, and any information supplied by the customer, subject to any applicable legislation.

16. Applicable laws

These terms and conditions are available in English and French. If the two versions differ, the French version shall prevail.

Any dispute as to the validity, expiry, nullity, interpretation, performance, non-performance, renewal, interruption, cancellation or resolution of this contract shall be subject exclusively to the application of the Civil Code of Quebec and the Consumer Protection Act. The customer hereby acknowledges that any dispute arising from or related to the use of braultetmartineau.com and the services it provides shall be subject to the jurisdiction of the courts in the District of Montreal, in the province of Quebec.

17. Independence of provisions, and non-waiver

Insofar as possible, the provisions of this contract shall be interpreted so as to favour their application. Should a provision of this contract be struck down by a competent court, it is the intent of the parties that the other provisions of the contract should remain in force. Should a competent court find that one or more provisions of this contract is or are null or inapplicable, it is the intent of the parties that the court should interpret such provision or provisions in the manner most consistent with the original intent of the parties. No waiver of the exercise of a right or remedy by Brault & Martineau shall be recognized. No waiver of the exercise of a right or remedy by Brault & Martineau shall be deemed a continuing waiver of such right or remedy, subject to the time limits applicable under the law.

18. Acknowledgment

This contract constitutes the agreement between the customer and Brault & Martineau with respect to their online relationship. If you agree to be subject to the terms of the online registration contract, please complete the online registration process. If you do not accept the terms of the online shopping contract, please exit the online registration system. If you complete the online registration process, you will be able to purchase all the goods and services listed on this website.

© All rights reserved by Brault & Martineau, 2017. Any reproduction, adaptation or translation is prohibited except as authorized under the international laws of intellectual property. All text, graphics, designs, content and other works constitute registered trade-marks of Brault & Martineau.