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Examen de l'accord juridique

Legal Notice

TERMS OF USE :

For customers and distributors of Caffè Poli Canada

1. Acceptance of the conditions of use
1.1
. These conditions of use determine the relations between the Canadian company 9487-8451 Québec Inc. dba Caffè Poli Canada ("Caffè Poli Canada") and the users of the services offered on this site by this company to its customers and distributors. Each user is subject to these conditions.
1.2. By registering and clicking on the “I accept” box, the user acknowledges having read, understood and accepted these conditions and expresses his intention to respect them.
1.3. In the event of non-compliance with these conditions of use, Caffè Poli Canada reserves the right, without any compensation and without notice, to interrupt and/or refuse future access to all or part of the services provided. Available on this site, without prejudice to the various legal or contractual actions that it could take.

2. Description of services
2.
1. Caffè Poli S.r.l (Italy) is the manufacturer of Caffè Poli products, a range focused on exceptional coffee and intended for private individuals, businesses and liberal professions. Through this website, Caffè Poli Canada acts as distributor to its customers of the entire range of products bearing the Caffè Poli brand.
3. Registration obligation

3.1. Registration to benefit from the services offered on this site by Caffè Poli Canada is free and implies acceptance of these conditions of use.
3.2. To benefit from the services offered by Caffè Poli Canada, the user must complete the registration form. The user is obliged to provide accurate and complete information and to update it as quickly as possible.
3.3. When all registration formalities have been completed, Caffè Poli Canada assigns the user a password which allows them to access the site and the services offered there.
3.4. This password is strictly personal and confidential. The user is required not to disclose his password to any third party. The user is responsible, in accordance with these conditions of use and the law, for the actions and obligations of any person using his password, even without his knowledge. The user must notify Caffè Poli Canada as quickly as possible of any misuse of their password.

4. Provisions for testing and conditions of sale
4.1
. The prices and other conditions of sale applicable to orders placed through this site are primarily those concluded freely between the customer and Caffè Poli Canada.
4.2. All prices mentioned on this site are for general information purposes only. The prices in force for an order placed on this site are those defined freely and in advance between the customer and Caffè Poli Canada.
5. Guarantees

5.1. You use and browse this site at your own risk. You expressly acknowledge and agree to the opt-out provisions below.
5.2. The services and everything you find on this site are made available to you "as is", depending on their availability and without warranty of any kind, express or implied, including, among other things, the implied commercial warranty or adaptation to a particular purpose.
5.3. Caffè Poli Canada does not guarantee that this site and the services offered meet your expectations, that they will not be interrupted, that they will be provided on time, in complete security and free of errors.
5.4. All information downloaded or otherwise obtained through the use of this site or its services is done at your own risk. Caffè Poli Canada assumes no responsibility for any damage or viruses that may affect your computer equipment due to the use, access or downloading of any material from this site.
5.5. Any advice or information obtained from Caffè Poli Canada in written or oral form by or during the use of the services made available on this site cannot give rise to any guarantee which is not expressly mentioned in these conditions of use.

6. Limitation of liability
6.1
. You acknowledge and accept that, to the fullest extent permitted by applicable law, Caffè Poli Canada cannot be held responsible for any direct, indirect or consequential damage, any damage to reputation, costs, losses, reduction in turnover business or profit, or liability of any nature whatsoever (even in the event that such damage was or could have been known by Caffè Poli Canada), likely to arise due to the use or otherwise of the impossibility of using the site or the services it makes available.
6.2. The user agrees to discharge, release and hold harmless Caffè Poli Canada, its affiliates, officers, agents and employees from any liability for any damage resulting from the use of its site, without regard to the cause of the damage. Coffee
6.3. Without limiting the scope of the other clauses of these conditions of use, the liability of Caffè Poli Canada, if it were to be established, without regard to the cause or the nature of the action, cannot exceed, all damages combined, one amount equal to that paid by the user for the services offered by Caffè Poli Canada on this site.
6.4. Without limiting the scope of the other clauses of these conditions of use, Caffè Poli Canada cannot be held responsible, whether by prejudice or by contract, for any damage resulting from a case of force majeure, an event beyond its control. Control or acts of third parties or the victim of the damage. The user acknowledges that events beyond the control of Caffè Poli Canada include breakdowns and technical problems affecting hardware, software, computer programs and the Internet, including and without limitation, interruptions, suspensions or termination of service. The user acknowledges that Caffè Poli Canada cannot be held responsible for damages resulting from these problems.

7. Modification of services
Caffè Poli Canada reserves the right, without compensation or notice and at any time, to modify or suspend temporarily or permanently all or part of the services made available on this site. The user acknowledges that Caffè Poli Canada cannot be held responsible for any damage that may occur in the event of modification or suspension of its services.

8. Intellectual property rights
8.1
. The user acknowledges and admits that the content of this site, and in particular, but not exclusively the texts, brands, logos, diagrams, photographs, videos, sounds, music, graphic layout, computer programs and drawings are the property of Caffè Poli Canada or its affiliated companies, or are used with the authorization of their owners, and which they have therefore protected by copyright law, registered trademarks, patents and any other legislation on intellectual or industrial property, recognized by the law in force.
8.2. Under no circumstances may the user use the content of this site for any purpose other than private and non-commercial. Any other use, including the reproduction, modification, distribution, transmission or broadcast of elements of this site, is strictly prohibited. Nothing on this site can be interpreted as the granting of a license or right of use in relation to the brands or any other element present on this site.

9. Links
9.1
. This site contains automatic links to distributor sites and may contain hypertext links leading to other Internet sites. Caffè Poli Canada cannot be considered responsible for these sites and declines all liability in relation to their content, accuracy or functions.
9.2. The creation of any hyperlink to this site is prohibited without the prior written authorization of Caffè Poli Canada.

10. Various
10.1
. These conditions of use include the entire agreement between Caffè Poli Canada and the user relating to the use of this site and the services it makes available; they cancel and replace any previous agreement concluded between them on the same matter.
10.2. The fact that Caffè Poli Canada tolerates a violation by the user of one of the obligations defined in these conditions of use, or that it neglects to assert a right attributed to it, must not be interpreted as a waiver on his part to invoke this right or to assert it in the future.
10.3. In the event that any clause of these conditions of use is considered illegal by a current or future law or regulation, or by the jurisprudence of a court, this clause must then be considered void, all other clauses of these conditions of use retaining their full validity and their effects between the parties.
10.4. Caffè Poli Canada reserves the right to modify these conditions of use. Any modification must be communicated by email to users. If the user accepts the modifications to the conditions of use, the new clauses then govern all relations between Caffè Poli Canada and this user.
10.5. The section titles in these Terms of Use have been inserted for convenience only and do not alter or modify the terms in any way.

11. Applicable law and competent court
11.1
. These conditions of use, as well as the various relationships between Caffè Poli Canada and users concerning the site, are governed by Canadian legislation.
11.2. In the event of conflict or litigation, the parties agree to submit to the exclusive jurisdiction of the competent court of Montreal, Canada.

CONDITIONS OF SALE

1.1 All orders placed with Caffè Poli Canada or one of its affiliates through the Internet, a telephone call to the Customer Relations Center (CRC), or (iii) an email are governed by these general conditions of sale.
1.2 By using this site, you further agree to be subject to our terms of use and our privacy policy. Caffè Poli Canada encourages you to read them carefully before using the services provided on this site.
1.3 Caffè Poli Canada reserves the right to modify these general conditions of sale at any time by publishing a new version on this site. Each order placed after the publication by Caffè Poli Canada of the new version of its general conditions of sale constitutes acceptance of the latter.

Registration
2.1 When registering on this site, you must ensure the accuracy and completeness of the mandatory data that you provide.
2.2 Please inform Caffè Poli Canada of any change of address and other modifications by updating your personal data on this site as soon as possible.
Password
3.1 You must choose a password when registering to use this site. This password is strictly confidential and must not be disclosed to third parties.
3.2 You assume full responsibility for the use of your password and for all orders that are placed, even without your knowledge, using this password.
3.3 If you know or suspect that a third party knows or is using your password, you must notify Caffè Poli Canada immediately.
Orders
4.1 By placing an order on this site, by telephone with the CRC, by email, you agree to purchase the products you have selected in accordance with these general conditions of sale.
4.2 Orders you place with Caffè Poli Canada on this site are subject to VALUE limits. Orders must have a minimum value of 50 CAD.
4.3 Caffè Poli Canada offers its products for sale while stocks last.
Order confirmation
5.1
Orders you place do not constitute a legally binding contract until they have been confirmed by email from Caffè Poli Canada.
5.2 Caffè Poli Canada reserves the right, at its discretion, to refuse an order, particularly in the event of unpaid invoices or insolvency.
5.3 The data recorded by Caffè Poli Canada constitutes irrefutable proof of the order or transaction. The data recorded by the payment system constitutes irrefutable proof of financial transactions.

Price
6.1 Delivery costs are invoiced at the rates indicated on this site on the date of the order and calculated mainly according to the size of the order and the delivery method chosen.
6.2 Caffè Poli Canada reserves the right to modify its prices and delivery costs at any time and to cancel a contract that contains wording, printing or calculation errors.
Tariffs
7.1 When you order products to be delivered to a country other than Canada, you are considered the approved importer and as such must comply with the laws and regulations in force in the country in which you receive the goods.
7.2 You may be subject to import duties or taxes upon the arrival of the goods in your country. All additional customs clearance costs are also your responsibility. We have no control over these charges and do not know their amount. As customs policies vary from country to country, you should contact your local customs department for further information.
Delivery
8.1 All orders confirmed by Caffè Poli Canada will be delivered to the address indicated on the order.
8.2 Caffè Poli Canada makes every effort to ensure delivery within five working days following receipt of the order.
Please report any damaged, missing, defective merchandise immediately and no later than 5 business days after delivery, so that we can track the packages and replace the shipment if necessary. Please contact us at: info@cafepolicanada.ca, this is the only way to trigger a complaint.
8.3 Deliveries can only be made to the countries indicated on this site, namely Canada.

Checking the goods
9.1
It is your responsibility to check the quantity and good condition of the goods upon delivery.
9.2 We package all items carefully to protect them from possible damage during shipping. Please inspect your package carefully upon receipt for possible shipping damage. If a product is actually damaged, do not attempt to use it. Please inform us immediately by email at: info@caffepolicanada.ca, sending us photos of the damaged product, so that we can begin the claims process with the transport company.
Our customer service will contact you within 24/48 hours of receiving your complaint to offer a solution to your problem.

Returns
10.1 Café Poli Canada is committed to providing you with excellent service and helping you find the coffee that best suits your needs.
For health reasons (Covid19), quality control and food safety, we do not accept any refunds, returns or exchanges on coffee purchases. Even though these items are still sealed, we cannot ensure their integrity from the moment they leave our premises. The only case that entitles you to a refund, return or exchange, is if a perishable product has been received to expire. Please contact us immediately so we can send you a replacement. If you have any questions about these policies, do not hesitate to contact us at: info@cafepolicanada.ca
Payment
11.1 Invoices are sent after delivery of the goods and payable within ten days.
11.2 Payment by credit card is due immediately. Your credit card information is encrypted for security reasons.
Late payment
12.1 Any late payment will result in the levying of default interest on the overdue balance and the charging of administrative and legal costs incurred.
12.2 Café Poli Canada reserves the right to refuse an order until payment of the entire balance due.
Limitation of liability
13.1
The photos and texts illustrating and describing the products which appear on this site are non-contractual and for information purposes only. Café Poli Canada assumes no responsibility for errors or omissions in the photos or texts appearing on this site.
13.2 For international deliveries to countries other than those from which Café Poli Canada ships, Café Poli Canada assumes no responsibility if the products do not comply with the laws and regulations of the country of delivery.

13.3 Without limiting the scope of these general conditions of sale, no request whatsoever for delivered products, non-delivery of products or otherwise may exceed the amount of the purchase price of the products which gave rise to a request for damages. IN NO EVENT SHALL Café Poli Canada be held liable for indirect, incidental or consequential damages of any nature whatsoever (even if the occurrence of such damage was known or could have been known by Caffè Poli Canada arising in connection with its products, their use, their sale or this site).
Force majeure
14.1 Caffè Poli Canada will make every effort to fulfill its obligations, but cannot be held responsible for delays or lack of delivery resulting from circumstances beyond its control, such as strikes, wars, natural disasters or others that prevent the production, transportation or delivery of products.
14.2 In the event of a delay, Caffè Poli Canada will fulfill its obligations as soon as possible and reserves the right to distribute remaining product stocks among its customers in an equitable manner.

Applicable right
15.1
These general conditions of sale are governed by Canadian law.
15.2 Exclusive jurisdiction is the Canadian law applicable.

 

COOKIES

1. What are Cookies?
Cookies are text files that are placed on your computer by the websites you visit. Cookies are then sent back to the original website on each subsequent visit, or to another website that recognizes that cookie. They are used in order to make websites work, or work more efficiently, as well as to provide information to website owners.
We use the term "Cookies" throughout this notice to also cover all similar technologies, such as software development kits for web beacons, log files, web beacons.

We use the term "Cookies" throughout this notice to also cover all similar technologies, such as web beacon SDKs, log files, web beacons.

2. What types of cookies are used on Caffè Poli Canada sites?
a) Site functionality cookies

These Cookies allow you to navigate the site and use our features, such as registration, login and product favorites. If you disable these cookies, some parts of the website will not work for you, for example, adding items to your basket, going to checkout.

b) Site analysis cookies

These Cookies allow us to measure and analyze your use of our websites, applications and mobile platforms, in order to improve both their functionality and your experience.

c) Customer preference cookies

As you browse our sites, these cookies will remember your preferences (like your language or location) and other information you choose to provide to us, so that we can tailor your experience and make it more relevant and personal for you.

d) Advertising or targeting cookies

These Cookies are used to serve ads that are relevant to you. They also limit the number of times you see an ad and help us measure the effectiveness of our marketing campaigns. We can too use the information obtained via these Cookies to provide you with advertisements that may be of interest to you, based on your past online behavior. We may share this information with other parties, including our partners.

e) Cookies for social media

These Cookies are used when you share information using a social media sharing button on a Caffé Poli Canada site. The social network will record your action. This information may be linked to targeting and advertising activities.

3. Manage your Cookie preferences
You do not need to allow Cookies to use or browse many parts of the Caffè Poli Canada sites, although you may not have access to all features of the Caffè Poli Canada sites if you decline them. You should ensure that your device settings reflect your Cookie preferences. You can also configure your browser to warn you before accepting Cookies or to refuse them.

4. Personal information protection policy
For more information about our use of your data (including controller details), please see our Privacy Notice.

9487-8451 Quebec Inc.

Dba Caffè Poli Canada

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