TERMS AND CONDITIONS OF USE OF THE CORBEIL APPLIANCES™ WEBSITE AND TERMS AND CONDITIONS FOR ONLINE AND IN-STORE PURCHASES
Effective date: January2020
Am-Cam Appliances Inc. carrying on business as Corbeil Appliances ™ ("Corbeil") provides the services available on the website https://www.corbeilelectro.com/ (the "Website") subject to the terms and conditions of use listed herein (the "Terms"). Use of the Website is governed by these Terms and the user of the Website (the "User", the “Client” or "you") should read them carefully.
Any person accessing the Website consents, as a User, to the Terms as set forth herein. To the extent permitted by law, Corbeil reserves the right to update or modify these Terms at any time and without notice for any use of the Website and any purchase made after such modification. When we make changes, we will revise the date at the top of these Terms. If we make any material changes to these Terms, we may, at our discretion notify you by prominently posting a notice of such changes on our Website, or by sending you an email. Your use of the Website after such a modification constitutes your acceptance of the Terms as modified. Thus, it is your responsibility to read these Terms carefully every time you access or use the Website.
If you are under the age of majority in your province or territory of residence, you may only use the services included or made available through the Website with the participation of your parent or guardian.
2. Accuracy of Information
Corbeil makes every effort to ensure that the content of the Website is accurate, complete, reliable and up to date. However, Corbeil does not guarantee that the information appearing on the Website is free of errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to the price, description, colours, or availability of products, among others. All texts, images, and prices contained on this Website are based on the most recent information available at the time of being put online. However, despite the vigilance of Corbeil and the reasonable efforts made, errors, inaccuracies, and omissions may occur. Corbeil will implement the necessary means to ensure that any errors, inaccuracies, or omissions are corrected as soon as they are detected and brought to its attention.
Although Corbeil attempts to reproduce as faithfully as possible the colours of the products presented on the Website, it is important to note that the colours displayed may vary from one display device (such as a monitor) to another and as such, Corbeil cannot guarantee that the colours visible on a display device correspond to the actual colours of the products.
In the event that a product offered is not exactly as indicated, the User’s only recourse is to return the product, in its original condition, for a refund as per the applicable refund conditions. Corbeil reserves the right to discontinue or modify the products and services and/or the display and/or description of the products and services included or made available through the Website at any time and without notice.
Corbeil and its affiliates, officers, directors, shareholders, employees, agents, designers and suppliers of the Website make no representation as to the completeness, accuracy, or updating of the Website or these Terms.
3.Ownership and Use of the Website
All content, including but not limited to text, images, illustrations, drawings, photographs, names, trade names, icons, graphics, code and software, as well as the arrangement, compilation, design, organization, structure and presentation of such content on this Website is subject to intellectual property rights, including patents, copyrights, trademarks, trade names, advertising slogans, and logos used under licence by Corbeil. This content is subject to and protected by applicable intellectual property laws. The use of certain trademarks, trade names, logos, and images is the exclusive property of Corbeil and/or their respective holders whether or not related to Corbeil and, unless explicitly authorized, use by a third party will constitute a violation of the rights of Corbeil and/or the respective holder of such rights.
Users of the Website may only download, view, copy and print the content available on the Website and the documents contained therein for strictly personal and non-commercial purposes. With the exception of your personal non-commercial copying or use, this Website may not be, in whole or in part, copied, reproduced, printed, published, republished, modified, downloaded, displayed, transmitted, distributed, presented, or otherwise disseminated without the express written consent of Corbeil. It is prohibited to use the content of the Website and the documents contained therein in any other website or any other networked computer environment. In addition, it is prohibited to modify in any way whatsoever any document printed from the Website. Unauthorized use and reproduction of the Website or the documents contained therein may violate copyright, trademark, and other intellectual property laws or other applicable intellectual property laws. You may not alter the copyright and trademark notices, including any other proprietary notices, contained in the documents or otherwise on the Website. Corbeil will actively and fully enforce its intellectual property rights.
At its sole discretion, in addition to all other rights and recourses at its disposal, and without engaging its liability in any way whatsoever, Corbeil may, at any time and without notice, interrupt or restrict a User's access to any part of the Website. Corbeil also reserves the right to modify, suspend or discontinue all or part of the content of the Website at any time, for any reason and without notice.
4. Contests and Promotions
From time to time, Corbeil may organize contests and promotions that will be announced on this Website. All contests are governed by these applicable Terms as well as by the terms and rules specific to each contest; the latter shall prevail in the event of a conflict between the two.
5.Limitation of Liability Clause
This Website as well as all its content and the services included or made available through the Website are provided by Corbeil on an "as is" and "as available" basis, unless specifically indicated otherwise in writing. Neither Corbeil nor any other party involved in the creation, production, or delivery of this Website makes any representation or warranty whatsoever, express or implied, with respect to the operation of the Website, its content, and the services included or made available through the Website, unless otherwise specified in writing. Corbeil does not represent or warrant that this Website is free of viruses or other harmful elements, even if Corbeil and its affiliates, officers, directors, shareholders, employees, agents, designers and suppliers of the Website may have been informed of the possibility of such damages. By using this Website, you expressly agree that your use of the Website, its content, and the services included or made available through the Website is at your own risk.
The restrictions and exclusions listed below do not apply to Quebec consumers residing in Quebec, to whom the Quebec Consumer Protection Act applies.
To the extent permitted by law, Corbeil shall not be liable for any damages resulting from the use of the Website, its content, and the services included or made available through the Website, including, but not limited to, any direct, indirect, incidental, accessory, special, exemplary, punitive or consequential damages arising out of access to or use of this Website, including, but not limited to, loss of profits, loss of data arising out of the use, inability to use, or the results of use of the Website, legal or other proceedings, unless specifically provided otherwise in writing.
It is the responsibility of each User to protect the confidentiality of his or her account and password and to limit access to his or her computer. Corbeil is not responsible for the use of the password that gives access to a User's account or for any activity that occurs under that account. The User agrees to assume responsibility for all transactions made from his or her account using his or her password.
Any failure by Corbeil to insist upon or enforce strict performance of its rights and remedies arising from these Terms does not constitute a definitive waiver by Corbeil of the exercise of its rights and remedies in the future.
Any right of the customer arising from these Terms binding it to Corbeil may not be assigned, transferred, or assigned, in whole or in part, without the prior written authorisation of Corbeil, which may be granted or withdrawn at Corbeil's sole discretion.
10. Applicable Law and Dispute Resolution
The Terms listed herein shall be exclusively governed by and construed in accordance with the laws of the province or territory of residence of the User and the laws of Canada applicable therein. Any dispute between a User and Corbeil shall be submitted to the courts of competent jurisdiction in the User's province or territory of residence.
11.Questions, Comments, or Suggestions
Terms and Conditions for Online and In-Store Purchases
The terms and conditions of purchase on the website https://www.corbeilelectro.com/ (the "Website") form the online purchase contract between Corbeil Appliances ™ ("Corbeil") and the purchaser of products and services (the "Customer", the “User” or "you"). The terms and conditions of purchase will be applicable to any purchase made through this Website. We therefore ask you to read the following terms and conditions carefully. If you do not agree with the conditions of purchase, please leave the Website immediately and do not purchase anything through it.
These terms and conditions also apply, where applicable, to in-store purchases and will also be brought to the attention of the Customer when purchasing products and services in stores.
When making an online purchase, the Customer accepts the conditions set out in this online purchase contract, which also include the "Terms and Conditions of Use of the Corbeil Appliances Website" relating to the use of the Website, its content, and the products and services included or made available through the Website. This contract represents the master contract and, together with the specific conditions for each online purchase, constitutes the entire contract between the Customer and Corbeil when making an online purchase. When making a transaction through this Website, the Customer is deemed to have fully read and understood the terms of this contract prior to the purchase of any product or services on this Website and the confirmation of the sales transaction will be deemed to be an acceptance of this contract except as expressly set out here to the contrary as in the section on “Involuntary Errors” below.
In addition, should the Customer wish to finance his or her purchase with a financial institution, Corbeil invites you to consult the financing details and conditions, which are available when making a transaction.
12. Online and in-store Payments
All online purchases must be paid in full when submitting the purchase transaction on the Website. To be authorized, the payment made during the transaction must first be approved by the financial authorities having issued the payment card and must be protected from fraud.
Subject to product availability at the time of purchase (as provided in Section 5 below), all in-store purchases must be paid in full at the time of the in-store transaction. In-store payment may be made by debit or credit card with chip and PIN, cash or cheque.
13. Prices and Taxes
All product prices are displayed and payable in Canadian dollars. Products are always invoiced on the basis of the prices in effect at the time the transaction is submitted.
Applicable taxes will be added to the posted price before you complete your purchase. Corbeil calculates the taxes based on the taxes of the province or territory of the address where the order will be shipped. Taxes may therefore vary from one province or territory to another.
The Customer is responsible for the payment of all taxes, fees, and other levies of any kind, including goods and services taxes (including on delivery, if applicable), payable or collectible, directly or indirectly, by any municipal, provincial or federal authority, with respect to the purchase, sale, or transportation of the product(s) purchased hereunder.
14. Involuntary Errors
Despite all of our efforts, occasionally errors in the price, description, specifications, images and other errors may occur on the site. These errors may result from, among other things, typographical errors, errors in the pricing information received from our suppliers, and other errors resulting from other reasons beyond our control. Corbeil is not responsible for errors in pricing, description, specifications, images and other errors of a similar kind. Access to the site does not constitute a right to purchase the products or services presented at the price presented. Corbeil reserves the right to revise and correct, as applicable, the prices and other errors of the same type and to cancel any order that you have placed if there should be an error concerning the price, the description, specifications, images and the like with respect to any product or service covered by any order placed, even if you have received an order confirmation. If your credit card has already been charged for the purchase and your order is cancelled, Corbeil will see that you receive a credit to your credit card account in the amount of the debit. The policies of each financial institution will dictate when this amount will be credited to your account.
15. Product Availability
When a Customer makes an online purchase, full payment of the price of the products and services ordered and all applicable fees and taxes are required at the time of the transaction whether or not the product is available in inventory.
If a product is no longer available in inventory at the time the Customer places an order, the Customer Experience Centre or a store advisor will contact the Customer to inform him or her of the situation and the next product availability date, or may, if applicable, suggest an equivalent product. If the Customer prefers to cancel the order, Corbeil will reimburse, by cheque, the amount equivalent to the unavailable product as well as applicable taxes and fees (including delivery and installation, if applicable).
When a Customer wishes to proceed with an in-store order for a product available in inventory, full payment for the products and services ordered as well as all applicable fees and taxes are required at the time of the transaction. When a product is not available in inventory, an amount equivalent to 25% of the total value of the transaction (i.e. the value of the product, services and applicable fees and taxes) is payable as a deposit. The unpaid balance of the transaction must be paid by the Customer in-store on the date indicated on the contract.
16. Layaways and storage
A product may be set aside without storage charges for a maximum period of nine (9) months from the date of order (except for products sold "as is" including, among others, floor models or products in liquidation, which may only be stored for a maximum period of thirty (30) days). If the customer does not take possession or does not require delivery of the product (which implies payment of the balance due, if any) during this nine (9) month period (or in the case of products sold "as is", within a 30-day period), Corbeil may, at its discretion, cancel the sale and retain an amount equivalent to 25% of the value of the product as a cancellation fee to offset a portion of the storage costs incurred by Corbeil during this period. Corbeil may also, at its discretion, claim additional damages for discontinued products.
Corbeil offers delivery for its products to customers within a 200 km radius of a Corbeil store for $29.99. Beyond this 200 km radius, a delivery service may be available upon payment by the Customer of an additional fee that will vary according to the postal code of the delivery location. Corbeil invites its customers to contact the Customer Experience Centre for more details or for delivery in another Canadian province or territory. Where applicable, the applicable delivery costs will be disclosed to the Customer prior to the conclusion of the transaction and before final acceptance by the Customer and indicated at the completion of the transaction.
The delivery date is for information purposes only and cannot be considered a strict deadline. Once the transaction has been completed, Corbeil will contact the Customer to fix order and delivery details.
A responsible adult must be present at the time of delivery. A renovation contractor, a cabinetmaker, or any other member of a trade is not considered a responsible person who can accept delivery.
In the case of both online and in-store purchases, an additional fee of $29.99 (or the original delivery fee) will be charged to the Customer for any subsequent delivery if the originally paid for delivery is not made on the date and time slot previously confirmed by the Customer to Corbeil due to the Customer's absence at the scheduled delivery location. The fee for the first delivery will not be reimbursed.
Installation of the appliances is not included in the price, unless otherwise specified in the final contract when the transaction is concluded. In the event that, at the time of delivery, the installation requested and agreed upon is not possible, our delivery personnel will contact the Corbeil logistics department to justify their decision and the Customer will be reimbursed.
However, at the time of delivery, Corbeil can proceed with the basic installation of a washer and dryer free of charge. This service excludes the installation of the pedestal and the stacking of appliances. Refrigerator handles and laundry appliance pedestals will be installed.
Should you require an installation service for more complex products, such as dishwashers or gas cookers, Corbeil invites you to speak with a store advisor or contact the Customer Experience Centre so that we can guide you to a reputable professional for the installation of Corbeil products and you can obtain an independent evaluation for the cost of the work.
When requested by the Customer at the time of purchase, the Corbeil delivery team will be pleased to pick up and leave with your old appliances free of charge on a 1-for-1 basis and as long as the delivery team determines that it is safe and reasonable to do so in the circumstances. In such cases, the products must be unplugged and emptied, if necessary, before the delivery team arrives. As such, Corbeil’s responsibility in respect of your old appliances is thus limited to picking up and leaving with these appliances. Please note that our delivery team will not move your old appliances from one place to another.
Any rights of the Customer arising from the contract binding him to Corbeil may not be transferred or assigned, in whole or in part, without the prior written permission of Corbeil, which may be granted or withdrawn at Corbeil's sole discretion.
21. Return and Exchange Policy
If a Customer is not completely satisfied with his or her purchase, a return or exchange can be made within thirty (30) days of delivery or in-store pick-up of the product upon presentation of the original receipt with the exception of products sold “as is” including, among others, floor models and liquidation products which are final sales. There is a minimum 20% (restocking fee) for all returns in addition to a $25 shipping charge per unit. In such a case, the value of the transaction minus the restocking, shipping and delivery fees (which are not refundable) and the applicable taxes will be refunded by cheque after the return of the product.
For any exchange or refund, the unused product must be returned in its original condition and packaging (except in the case of a delivered product) with all its accessories. The amount of the refund may decrease if the product has been used or damaged or if the packaging, if applicable, or accessories are missing.
22. Damaged or Defective Product
If you find, upon delivery or following in-store pick-up, that a product is damaged or defective, please contact the Customer Experience Centre within 48 hours to provide a detailed description of the damage or defect as well as a photograph of the damaged or defective product. In the case of a damaged or defective product, Corbeil may, at its discretion, exchange or repair the product or refund the price of the product in question.
If the damaged or defective product was delivered by the Corbeil delivery team, the exchange or return will be made by the Corbeil delivery team without additional delivery charges on a date agreed upon by the Customer.
For any exchange or return of a damaged or defective product, the unused product must be returned in its original condition and packaging, except in the case of a delivered product, with all its accessories. The amount of reimbursement may be decreased if the product has been used or further damaged or if the packaging, if applicable, or accessories are missing.
23. Liability and Guarantees
This provision applies to all consumers, except for the restrictions and exclusions listed below, which do not apply to Quebec consumers residing in Quebec, to whom the Quebec Consumer Protection Act applies.
Corbeil products are covered by a one-year manufacturer's warranty, unless otherwise indicated, for any manufacturing defect. This warranty applies only to domestic use of our products and does not cover normal wear and tear, such as tears, scratches, damage caused by impact or accident, discoloration of the product due to exposure to light, shrinkage, pilling of materials, deformation of upholstery materials, stains, or misuse of the product. Corbeil products are not intended for commercial or industrial use. Products that have been improperly stored, assembled or installed, used inappropriately, overused, misused, modified or cleaned using unsuitable methods and/or products are not covered by this warranty. This warranty does not apply to products that have been placed outdoors or exposed to extreme conditions. It does not cover indirect or consequential damages. The original receipt is required for all claims. There are no conventional warranties or representations of any kind, express or implied, except for manufacturers' warranties.
Corbeil and its affiliates, officers, directors, shareholders, employees, agents, designers and suppliers of the Website disclaim all warranties, express or implied, including, but not limited to, any implied warranties of merchantable quality, fitness for a particular purpose, title and non-infringement of products. Corbeil shall not be liable for any direct, indirect, incidental, accessory, special, exemplary, punitive or consequential damages, whether the damage is based on a breach of contract, breach of warranty or civil liability, including negligence or property liability, whether or not Corbeil is advised of the possibility of such damage. This disclaimer constitutes an essential part of this agreement.
When purchasing a Corbeil product, it is possible to sign up for the Comerco Protection Plan. Please note that a portion of the amount related to the purchase of the Comerco Protection Plan may be reimbursed if it has not been used. To obtain this plan and for more information, please contact the Corbeil Customer Experience Centre at firstname.lastname@example.org or 1-833-CORBEIL.
24. Severability of Provisions
If possible, the provisions of this contract will be interpreted so as to favour their application. The parties agree that the court shall interpret the provisions of the contract in the manner most consistent with the original intent of the parties. If any provision of this agreement is held to be invalid, unenforceable, or void by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions of the agreement shall remain in full force and effect.
Any failure by Corbeil to insist upon or enforce strict performance of its rights and remedies arising from these Terms does not constitute a definitive waiver by Corbeil of the exercise of its rights and remedies in the future.