The business

Terms of use

This site is operated by Boutique Aqua Québec inc. Throughout the site, the terms «we», «us» and «our» refer to Boutique Aqua Québec inc. Boutique Aqua Québec inc. proposes this site, including all information, tools and services available on the site for you the user, subject to your acceptance of all terms, conditions, policies and notices presented here.

By visiting our site boutiqueaqua.com and /or purchasing something through it, you entrust us to serve you and agree to be bound by the following terms and conditions: «Terms of use», «Terms»).

Conditions related to the use of this website. Please read the following conditions carefully as they contain important information about your use of this website, as well as your rights, recourses and obligations. By accessing this website and using it, you acknowledge having read and understood these conditions and agree to be bound by them.

 Generalities

This site is provided “as is” and you access and use it, at your own risk. Although reasonable efforts are made to ensure that this site is updated and does not contain errors or inaccuracies, Boutique Aqua Québec inc. makes no representation or warranty, nor certifies the absence of errors or the absolute accuracy of its content, at any time or at any moment whatsoever.

Boutique Aqua Québec inc. manages this website, boutiqueaqua.com from its offices situated in Quebec City, Canada. You agree (a) that all matters related to this website, its use or purchases that are made, will be governed by Quebec laws and the Canadian federal laws applicable in the Province of Quebec; (b) that the Quebec courts have jurisdiction; (c) that the United Nations Convention regarding international sale of goods, shall not apply; and (d) to be responsible for complying with all local laws.

These conditions, including (a) conditions related to online shopping (below), (b) the «acceptable use» policy (below) and (c) the «privacy protection policy» under the current laws of Canada, constitute the entire agreement between Boutique Aqua Québec inc. and you, regarding the use of this website.

Boutique Aqua Québec inc. may modify these conditions from time to time, for any reason, by posting the new conditions on this website. Please review these terms, from time to time, to be aware of any changes. If you continue to use this website following the posting of the new conditions, it is assumed that you accepted the changes.

 Website content

The full content of the site, including but not limited to the text, design, graphics, drawings, photographs, email addresses, illustrations, videos, code and software, as well as the organization and presentation of this content (collectively called the “content” below), are subject to all property rights under the law of intellectual property including (without limitations) the patent laws, copyright, trademarks and trade secret.

You acknowledge and agree that the right and title related to these rights are retained by Boutique Aqua Québec inc. or its licensors, as the case may be. You are permitted to view and download a single copy of the content and print the pages of this site for legal purposes, personal and non-commercial, provided that such copies clearly bear a reference to the copyright and all other notices concerning the copyright of Boutique Aqua Québec inc. All other types of copy of this website, in whole or in part, is prohibited without the express written permission of Boutique Aqua Québec inc.

You agree not to distribute the content of the site for any purpose whatsoever, including (without limitations) the creation of an internal database; the redistribution or the reproduction of the content through the press or any media or commercial network, cable or satellite; the creation of derivative works from the content; retro-conception, adaptation, translation, transmission, reorganization, modification, reproduction, publication or make the content available to anyone; or any other direct or indirect use of the content, in whole or in part, in any form or by any means whatsoever. You must not authorize, permit or do anything that would infringe or cause any form of prejudice to the intellectual property rights of Boutique Aqua Québec inc. or to its licensors, or permit any third party to access the content. The restrictions contained in the present conditions will not apply, given that they would be prohibited by an applicable law.

 Links to third party website

This site may contain links to other sites. These sites are independent from this site and Boutique Aqua Québec inc. Boutique Aqua Québec inc. has no control over the content of these websites and disclaims any liability in this regard. Providing a link to such sites does not constitute an endorsement of these sites by Boutique Aqua Québec inc. Boutique Aqua Québec inc. is not responsible for the streaming of web content or any other form of transmission received from any third party website, or the fact that a third party website does not work properly. Any transaction between you and a third party is concluded directly with the third party and Boutique Aqua Québec inc. cannot be held responsible for loss or damage as a result of this transaction. If you choose to click on a link of a third party website, you do so entirely at your own risk.

Exclusion of liability

The use (or inability to use) this website and its contents is at your own risk. You agree that your sole solution, in case of problems, is to discontinue the use of this website. In no event, Boutique Aqua Québec inc. and any of its directors, officers, employees, agents and representatives, as well as their respective successors and assigns, can be held liable for any loss or damage arising from access to this site, to any other site related to it, or the contents of this site, even if such loss or damage is due to a guarantee, agreement, crime (including the case of negligence) absolute liability, product liability or any other theory of liability, including (without limitations) liability for any direct, indirect, special, punitive, incidental or consequential damage.

Boutique Aqua Québec inc. is not responsible for messages or mail received late, lost, incomplete, illegible, misdirected or stolen, unavailable network connections, failed, incomplete, distorted or delayed electronic transmissions, on-line failures, mal function or disruption of computer equipment software or other technical aspects, nor any other communication failure or embarrassing circumstances that would disrupt or corrupt communications.

Boutique Aqua Québec inc. declines all responsibility and cannot be held responsible for any damage or viruses affecting your computer equipment or other property, due to access to this site, use of this site or when downloading material, data, text, images, video or audio from this site.

Compensation

You agree to defend, indemnify and hold harmless, to the fullest extent permitted by law, Boutique Aqua Québec inc. and its affiliates, and each of their directors, officers, employees, agents and respective representatives, for any claims, liabilities, losses, damages, expenses and costs arising from the access or use of this site or the violation of conditions.

Online shopping terms and conditions

All orders and purchases made on this site are subject to the following conditions. You agree to pay all charges specified in this document. All prices on this website are in Canadian dollars and all charges will be processed in Canadian dollars.

Boutique Aqua Québec inc. errors

Although Boutique Aqua Québec inc. takes care to ensure that promotional material is accurate, it may contain errors and/or inaccuracies. Boutique Aqua Québec inc. is likely to correct errors or inaccuracies and change or update information contained in the website, at any time and without notice, including price changes and the availability of items.

Prices

All prices on this site are subject to confirmation. Boutique Aqua Québec inc. will notify you by email, within two working days of your order, if the price of an item you have selected differs from the price stated in the website or on your purchase order. If you do not receive such a message by email, within two working days of your order, you can consider that Boutique Aqua Québec inc. has confirmed the purchase at the price indicated. If a message must be sent to you, the transaction will automatically be cancelled unless you confirm by email, your intention to purchase the item at the confirmed price.

Restrictions on who may make purchases, items that can be purchased, and where goods can be shipped:

  • The goods that you buy should be intended only for lawful purposes and not commercial. All other uses are prohibited.
  • Boutique Aqua Québec inc. will make all the commercially reasonable efforts to deliver the goods as quickly as possible and within the time specified. However, it cannot be held responsible for delivery delays beyond its control. Should there by a delay, Boutique Aqua Québec inc. will notify you as soon as possible.
  • If an item for sale on the website is no longer part of Boutique Aqua Québec inc. stock, a message advising customers of the situation is displayed on the site. When Boutique Aqua Québec inc. expects to receive additional merchandise, the message « restocking underway» is displayed on the site. The unavailable items will be removed from the site.
  • To ensure your protection and that of Boutique Aqua Québec inc. against fraudulent transactions, Boutique Aqua Québec inc. could transmit information related to your transaction to a reputable third party for address verification purposes. Such verification is made to ensure that the billing address you provided corresponds to the one on your credit card. Boutique Aqua Québec inc. also reserves the right, in its discretion, not to ship items ordered or purchased from this site to certain addresses. In the event Boutique Aqua Québec inc. chooses not to ship an item, you will be advised by email and the amount charged to your credit card will be refunded.

 Acceptable use policy for your assessments, comments and communications

Any form of authorized or prohibited use of this website, including assessments, comments and communications, is governed by the following usage policy:

You understand that, except for advertisements offered by Boutique Aqua Québec inc. and its website, this site is available only for your personal and non-commercial use. By submitting any content to Boutique Aqua Québec inc., directly or through its website, you represent and warrant that:

  • you are the sole author and owner of the intellectual property of this content;
  • you voluntarily waver all “moral rights” that you may have to such content;
  • all the content that you provided is accurate;
  • you are13 years old or older, and the use of the content that you provide, does not violate this acceptable use policy and will not prejudice any person or entity.

In addition, you confirm and warrant that you shall not transmit any content:

  • that you know untrue, inaccurate or misleading;
  • that does not respect the intellectual property rights of a third party, including copyright, patents, trademarks, trade secrets and other proprietary rights, publicity and respect for private life;
  • that contravenes any law, order or regulation {including (without limitations) those governing export control, consumer protection, unfair competition, discrimination and false advertising};
  • that is, or would be reasonable considered libelous, hateful, obscene, discriminatory, offensive or unlawfully threatening or harassing any individual, company or corporation for which you have received a compensation or consideration of a third party;
  • that includes information that refers to other websites, street addresses, email addresses, contact information or phone numbers;
  • that contains a computer virus or worm or all other programs or files that are potentially damaging;
  • that contains advertising or references to other products, offers or websites

Ownership of content

Every time you transmit content to Boutique Aqua Québec inc., you grant Boutique Aqua Québec inc. perpetual, royalty-free, irrevocable rights, and transferable to use, reproduce, modify, delete entirely, adapt, publish, translate, sell, distribute this content and/or create material derived from this content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

Boutique Aqua Québec inc. may use all the content that you transmit through the Boutique Aqua Québec inc. website, in its sole discretion. Boutique Aqua Québec inc. reserves the right to modify, condense or delete any content found on its website, if it believes, in its sole discretion that it contravenes to any of the provisions of this acceptable use policy. Boutique Aqua Québec inc. does not guarantee that you will have any recourse to modify or remove any content that you submitted. The evaluation and written comments are generally posted within two to four business days. However, Boutique Aqua Québec inc. reserves the right to remove or refuse any shipment for any reason whatsoever. You acknowledge that the responsibility of the content you submit is your responsibility, not that of Boutique Aqua Québec inc. No content you submit shall be subject to an obligation of confidentiality with regard to Boutique Aqua Québec inc., its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

Privacy protection

By submitting personal information (as defined in the privacy protection policy of Boutique Aqua Québec inc.) as part of your use of evaluation functions, comments and/or communications offered on the boutiqueaqua.com web site, you accept that Boutique Aqua Québec inc. can use such personal information in accordance with its privacy protection policy.

Security

It is prohibited to violate or attempt to violate the security of the Boutique Aqua Québec inc. website, including (without limitations ); (a) by accessing data not intended for you, including opening a session on a server or account for which you don’t have authorization to access; (b) by attempting to probe, to explore or test the vulnerability of a system or network to bypassing the security or authentication measures without proper authorization; (c) by attempting to disrupt or cut the service in respect to any user, host or network, including (without limitations), by denials of service attacks, overloading, flooding, electronic bombardment or server crash; (d) by falsifying the header of a TCP/IP packet or any website elements header of an electronic mailing; (e) by blocking nodes or network services, or limiting, disrupting or blocking the ability of Boutique Aqua Québec inc. to monitor the website or make it accessible, or; (f) taking any action to obtain services to which you are not entitled. Any breach of security of the system or network, can subject you to civil or criminal liability. Boutique Aqua Québec inc. will proceed to investigate occurrences of such violations and will cooperate with law enforcement authorities to take legal action against you, if you are involved in such violations.

Termination or suspensions

If it is determined by Boutique Aqua Québec inc., in its sole discretion, that if you violate any of the dispositions of this acceptable use policy, Boutique Aqua Québec inc. may suspend or terminate definitely your use of the  Boutique Aqua Québec inc. website or your access to the website, without notifying you. Boutique Aqua Québec inc. reserves the right to take such actions, at any time when deemed necessary, in its sole discretion, to prevent any violation, and Boutique Aqua Québec inc. cannot be held responsible for damages, of any nature whatsoever, which may be suffered by you or any third party, and that Boutique Aqua Québec inc. has exercised its rights under the present acceptable use policy.

Third party website

If you decide to send feedback, comments or communications to a third party website, including social networking sites and/or share personal bookmarks, you do so at your own risk. These websites are independent of Boutique Aqua Québec inc. and, Boutique Aqua Québec inc. has no control over the content delivered to such websites and expressly disclaims any liability in this regard.