Terms of use
These conditions
(1) This website (the "Site") and/or the services, including any mobile applications connected to it (collectively the "Services") and any offer or sale of products (the "Products") by through the Site, are owned and operated by Synthetic Grass Canada (hereinafter also referred to as " we”, “us” or “our” “Synthetic Grass Canada”). These Terms of Business (the "Terms") set forth the terms and conditions under which visitors or users (collectively, the "user", "customer" or "you") may visit or use the Site and/or the Services and buy Products.
(2) By accessing or using the Services, you acknowledge that you have read and consent to these Terms and agree to be bound by them. If you do not agree to all of the Terms, you may not access the Site or use any of the Services. Read these Terms carefully before accessing or using our Site or Services, or purchasing any Products. In these Conditions, you will find out who we are, how we sell our Products to you, how you can withdraw from the purchase contract and what you can do in the event of a problem.
(3) You represent that you are of legal age and have the legal authority, right and power to enter into a binding agreement based on these Terms, to use the Services and to purchase Products. If you are under the age of majority, you may only use the Services or purchase Products with the consent of your parents or legal guardian.
(4) This site is published by:
Synthetic Grass Canada
12 rue Lafleur, Saint-Constant
Quebec, Canada
J5A1l7
These Conditions are provided in the French language. In the event of any discrepancy between the French version of this document and any of its translations, the French version shall prevail.
To use our Site and/or benefit from our Services, you must be at least [add number] years old, or have reached the legal age of majority in your country, and have the legal authority, right and power to sign these Terms as a binding agreement. You are not authorized to use this Site and/or take advantage of our Services if it is prohibited in your country, or by any law or regulation applicable to you.
In addition, before placing and confirming an order, you must read and agree to these Terms.
Products online store
(1) As your perception of colors will depend on your monitor or display, we cannot guarantee that the colors of the Products shown will be accurate. Although the Websites attempt to describe the Products as accurately as possible, Synthetic Turf Canada makes no representations or warranties as to the accuracy, completeness, reliability, timeliness or accuracy of Product descriptions or other content on the Websites. If you find that a Product you have purchased does not correspond to its description, contact us.
(2) The purchase of Products from the website is subject to their availability. If Synthetic Grass Canada notifies you that a Product is no longer available, Synthetic Grass Canada will have no obligation to fulfill your order and you will have no obligation to pay such order to Synthetic Grass Canada.
Prices and Payments
(1) The prices displayed are firm and in Canadian dollars; Prices do not include delivery charges or other applicable charges. The delivery costs will be confirmed to you once the order has been placed, Turf Synthetic Canada will contact you to confirm these. If the delivery costs do not suit you, you can recover the goods at the Synthetic Grass Canada warehouse, or Synthetic Grass Canada can cancel the transaction free of charge. Synthetic Grass Canada reserves the right to refuse or cancel any such order, whether or not the order has been confirmed, and even if the customer's credit card or PayPal account has been charged.
(2) By confirming your order at the end of the purchase process, you agree to pay synthetic turf the amount indicated. Total is in Canadian dollars and may exclude shipping and handling, environmental and other applicable fees, and all applicable taxes.
(3) Although we make every effort to ensure the accuracy of prices and Product information on the Websites, errors may occur. In the event that the displayed price of a Product is incorrect, Synthetic Grass Canada reserves the right to refuse or cancel any order placed at the incorrect price. Synthetic Grass Canada reserves the right to refuse or cancel any such order, whether or not the order has been confirmed, and even if the customer's credit card or PayPal account has been charged. If the customer has already been charged for the purchase and the order is cancelled, Synthetic Grass Canada will credit the credit card or PayPal account used to pay for the purchase for the amount of the incorrect price plus other charges (if applicable).
(4) If you have a valid promotional code, it will be applied and displayed, once entered, when going to the shopping cart. In the event that the promotion applied is incorrect, Synthetic Grass Canada reserves the right to refuse or cancel any order to which an incorrect promotion has been applied. Synthetic Grass Canada reserves the right to refuse or cancel such an order, whether or not the purchase has been confirmed, and even if the customer's credit card has been charged.
Billing Information and Payment Processing
(1) In order to process payment, your Billing Information must match the information associated with your credit card or PayPal account (as applicable). In addition to the Billing Information, you must provide a phone number and email address that will allow us to contact you about your order.
(2) All payments for Products purchased through the website are processed using a secure connection using the https:// protocol; payment processing is performed by "Third Party Payment Processors", currently Square and PayPal, but this may change without notice. Third-Party Payment Processors currently accept certain credit or debit cards (which appear on screen when making payment) as payment options (along with your PayPal account), but these options may change without notice. Once accepted by a Third Party Payment Processor, transactions are processed according to the rules, procedures and terms of use of that Third Party Payment Processor. Synthetic Grass Canada and the Third Party Payment Processors are not affiliated companies and Synthetic Grass Canada has no influence over the activities of the Third Party Payment Processors. Synthetic Turf Canada and its Representatives cannot be held liable for any loss or damage, direct or indirect, pecuniary or otherwise, resulting from an error or failure of a Third Party payment processor.
(3) All Billing Information is collected by Third Party Payment Processors on their secure servers. Synthetic Grass Canada has no access to credit card information; it cannot be held responsible for any breach of the confidentiality of this information caused by bad programming or malicious users on the Third Party payment processing servers. Synthetic Grass Canada does, however, have access to non-financial information for shipping and data maintenance purposes.
Shipping and Delivery
(1) Delivery of Products is only available in certain provinces and locations. Depending on the circumstances and the delivery method chosen, delivery may be made by third-party delivery services such as Canada Post (the “Third-Party Delivery Services”). Synthetic Grass Canada cannot be held liable for any damages resulting from an error or omission of a Third Party Delivery Service. Customer assumes risk of loss, damage or destruction upon delivery, subject to the next section of these Terms of Service.
Member account
(1) To access and use certain sections and features of our Site, you must first register and create an account (“Member Account”). You must provide accurate and complete information when creating your Member Account.
(2) If someone other than yourself accesses your Member Account and/or any of your settings, they will be able to perform all actions available to you, including making changes to your Member Account. Therefore, we strongly encourage you to keep your Member Account login credentials secure. All such activities may be deemed to have taken place in your name and on your behalf, and you shall be solely responsible for all activities that occur on your Member Account, whether or not specifically authorized by you, and for all damages , expenses or losses that may result from these activities. You are responsible for activities performed on your Member Account in the manner described if you permitted the use of your Member Account through negligence by failing to take reasonable care to safeguard your login credentials.
(3) You can create and access your Member Account through a dedicated web page or by using a third-party platform such as Facebook (the "Social Network Account"). If you register through a third-party platform account, you authorize us to access certain information about you, which is stored in your Social Network Account.
(4) We may terminate or temporarily or permanently suspend your access to your Member Account without liability, in order to protect ourselves, our Site and our Services or other users, including if you violate any provision of these Terms or any applicable law or regulation in connection with your use of the Site or your Member Account. We may do so without notice to you if the circumstances require immediate action; in this case, we will notify you as soon as reasonably possible. In addition, we reserve the right to terminate your Member Account without cause, by sending you two months' notice by e-mail, if we terminate our Member Account program or for any other reason. You may stop using your Member Account and request its deletion at any time by contacting us.
Intellectual property
(1) Our Services and related content (and any derivative works or enhancements thereof), including but not limited to all text, artwork, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technologies, documentations, trademarks, service marks, trade names and trade dress and interactive features, and all intellectual property rights therein, are owned or licensed by us (collectively, “Our Intellectual Property”), and nothing herein grants you any rights in connection with Our Intellectual Property. Except as expressly provided herein or required by mandatory provisions of applicable law for use of the Services, you shall not acquire any right, title or interest in Our Intellectual Property. All rights not expressly granted in these Terms are expressly reserved.
(2) If the Products include digital content such as music or video, you are granted the rights specified for such content on the Site.
Exclusion of warranty for the use of the Site and the Services
The Services, Our intellectual property and all documents, information and content provided relating thereto which are made available to any user free of charge are provided "as is" and "as available", without any warranty of any kind. whether express or implied, including any warranties of fitness for a particular purpose and any warranties regarding the security, reliability, timeliness, accuracy, or performance of our services, except for malicious non-disclosure of defaults. We do not warrant that our Free Services will be uninterrupted or error-free, or that they will meet your requirements. Access to the Services and the Site may be suspended or limited due to repairs, maintenance or updates. The warranty for Products you have purchased from us, as referred to in the “Product Warranty” section above, shall not be affected.
Compensation
You agree to defend and hold us harmless against any and all actual or alleged claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees ) arising out of or relating to your use of the Site and Services in violation of these Terms, including in particular any use that would violate the limitations and requirements set forth in these Terms, unless such circumstances are not caused by your fault .
Limitation of Liability
(1) To the fullest extent permitted by applicable law, we disclaim all liability for any amount or kind of loss or damage which may arise to you or any third party (including any direct or indirect loss and any loss of income, profits, goodwill, data, contracts, as well as any loss or damage resulting from, or related to, business interruption, loss of opportunity, loss of anticipated savings, waste of management or office time, even if foreseeable, in connection with (i) this Site and its content, ( (ii) the use, inability to use, or results of use of this Site, (iii) any website linked to this Site or the materials on such linked websites.
(2) We shall not be liable for any delay or failure to perform our obligations under these Terms if such delay or failure results from any cause beyond our control and/or a case of force major within the meaning of the article of the Civil Code of Quebec.
Modification of the Terms or Services; interruption
(1) We reserve the right to modify these Terms whenever necessary, at our sole discretion. You should therefore consult them regularly. If we change these Terms materially, we will notify you that material changes have been made. Your continued use of the Site or our Service after any such change will constitute your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not access or use the Site or Service.
(2) We may modify the Services, stop providing the Services or any feature of the Services we offer, or create limits for the Services. We may terminate or suspend access to the Services permanently or temporarily for any reason, without liability. We will give you sufficient notice if this is possible in the given circumstances and we will reasonably take into account your legitimate interests when taking such action.
Links to Third Party Sites
The Services may include links that take you out of the Site. Unless otherwise stated, the linked sites are not under our control and we are not responsible for their content, or any links they contain, or any changes or updates to them. We are not responsible for any transmissions received from linked sites. Links to third party sites are provided for convenience only. If we add links to other websites this does not mean that we endorse their owners or their content.
Applicable right
The Terms of Use and your use of the Website or Services shall be governed by and construed by the laws of the Province of Quebec and Canada in force, without regard to its conflict of law provisions. Without limiting the general scope of applicable law, the practices of Synthetic Grass Canada with respect to the purchase of Products online are designed to comply with the Quebec Consumer Protection Act (RSQ chap. P-40.1) and its regulations.
You agree that any legal action or proceeding between you and Synthetic Grass Canada will be heard exclusively by a court located in the judicial district of Montreal, Canada. Notwithstanding the foregoing, Synthetic Turf Canada has the right to bring an action against you in the courts of competent jurisdiction in your jurisdiction of residence or the jurisdiction in which you are located to: (i) seek injunctive relief against you; (ii) obtain a judgment against you, if a judgment of the court of Montreal cannot be enforced by the authorities of the territory of your residence or the territory where you are located; or (iii) to enforce a judgment rendered against you by the court of Montreal.
Various
(1) The Terms of Use and all policies and terms incorporated by reference constitute, together with the Privacy Policy, the entire agreement between you and Synthetic Grass Canada with respect to your use of the Website and the Services and supersede any prior agreement between you and Synthetic Turf Canada. Your use of certain components of the Website or the Services may be subject to the terms or privacy policies of a third party as provided in the Terms of Service.
(2) Synthetic Turf Canada shall not be liable for any breach of its obligations under the Terms of Use if such breach results from any cause reasonably beyond its control, including but not limited to mechanical, electronic or of communications or a case of force majeure.
(3) If any provision of the Terms of Service or the Privacy Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court shall endeavor to enforce the intentions of the parties reflected in the provision, and that the remaining provisions of the Terms of Service or Privacy Policy, as applicable, shall remain fully enforceable.
(4) The failure of Synthetic Grass Canada to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision, and Synthetic Grass Canada may always rely on it. .
(5) The titles of the articles and paragraphs of the Terms of Use and the Privacy Policy serve exclusively to facilitate the reading thereof and have no legal or contractual effect.
Contact us
To contact us, send an e-mail to: info@syntheticturfcanada.ca
