Terms of use

Terms and Conditions

UPDATED ON APRIL 28, 2016

 

PLEASE CAREFULLY READ THE FOLLOWING TERMS OF USE BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF USE (THE “TERMS”).

We recommend that you print or save a copy of these Terms and Conditions in order to reference later.

1 GENERAL

Thank you for accessing the website (the “Site”) of ROYER.COM. The following Terms of Use apply to your use of this Website and all purchases of products on this website.

This Website is operated by L.P. ROYER INC., a company incorporated under the laws of Quebec (Canada), whose registered office is at 712 rue Principale, Lac-Drolet, Quebec, Canada, G0Y 1C0, and whose phone is +1 819 549-2100. The chief editor of this website is Andrée-Anne Savard. The service provider hosting this Website is Groupe Transvision Réseau inc., 175 rue Queen, bureau 105, Sherbrooke, Quebec, telephone: (819) 563-3116, www.gtvr.com.

The terms “ROYER”, “we”, and “our” used in these Terms and Conditions refer to L.P. Royer Inc. The terms “you”, “your”, and “yours” used in these Terms and Conditions refer to all people or entities seeking, using or purchasing products on or through this website.

This Website and its Content (as defined below) are intended solely for your personal, non-commercial use. Any use of this Website or the Content for any purpose other than for personal or non-commercial purposes is forbidden.

2 GUIDELINES PROVISIONS

We may change our Terms and Conditions from time-to-time. We encourage you to refer to this web page on an ongoing basis so that you understand our current Terms and Conditions. The latest version of these Terms and Conditions will be published on the Website, and you should always consult these Terms and Conditions before using the Website to ensure that you understand the conditions currently in force and within which you are allowed to access this Website. If for some reason you cannot access these Terms online, we can provide you a copy of the latest version of the General Conditions by e-mail upon request. Please send an email to the following address: asavard@royer.com.

YOUR CONTINUED USE OF THE SITE AFTER THE PUBLICATION OF ANY REVISION SHALL BE CONSIDERED AS YOUR ACCEPTANCE OF THE AMENDED TERMS. However, if you place an order through this Website, the General Conditions applicable to the order in question will be the General Conditions in force at the time of placing your order.

3 FULL AGREEMENT

These Terms and Conditions (with our Privacy Policy and all other conditions appearing on the Website) constitute the entire agreement between you and us regarding the use of this Website and any product you buy on or through this website and, unless otherwise specified by law, any certificate, statement or inducement oral or written, not contained in these Terms and Conditions shall not be enforced on us or on you. No additional or different terms will impose any obligation on us, except in cases of specific written agreement to this effect by a representative of ROYER. No other representative has authority to waive these Terms or to make changes or make additions to them. Before using this Website, please read carefully all the documents cited. Nothing in this paragraph shall limit or cancel liability for fraudulent misrepresentation.

4 MINORS

This Website is not intended for children or minors under 18 if they have not obtained permission from a parent or guardian. You must be at least 18 years old to make a purchase on this website.

5 GENERAL INFORMATION FOR PLACING ORDERS

You can place orders on this Website. By placing an order with us, you (i) agree to buy the products in accordance with these Terms, (ii) certify that you are at least 18 years old, (iii) warrant that all information you provide to us as part of the command in question is accurate and true, and (iv) warrant that you are an authorized user of the method of payment specified.

Our order process allows you to check your order and to correct any errors before sending it to us. Please take time to review and verify your order at every step of the ordering process.

An order is placed as soon as you click “Pay Now” on the “Review Order” page during the ordering process. When you click the “Pay Now” button, your order is sent to us. When we receive your order, an automated confirmation of receipt is sent to the email address you provided during the ordering process. This email will indicate your order number and details of your purchase. A legal contract is then concluded for the sale and purchase of the products.

When you send us your order, it may be possible that we carry out some verification before processing the order. It may be in particular, but not limited to verification of your personal data (such as your address) and your payment information. By placing your order, you indicate your agreement in the matter.

6 PRICES AND CHARGES

Product prices displayed on the Website do not include applicable taxes in effect at the date in question. Shipping charges may be imposed in your order and, in such case, they will be listed before your payment. All other fees apply to your order will be displayed before your payment.

We accept several payment options. We currently accept Visa, MasterCard, American Express, and PayPal.

Prices and products displayed on the Website may be changed, and we give ourselves the right to modify them at any time with no notice, however, if you order products on this website, the price you pay for the products will be the price at the time of placing your order. The posted prices on the Website are valid only when they are shown.

Although the website has been created with care, it could happen that the tariff information on the Website is wrong. We are not obligated to provide you with products for which we have made a pricing error if the pricing error is obvious and easily recognizable.

7 ROYER’S RIGHT TO REFUSE AN ORDER AND MODIFY OR CANCEL A PURCHASE

We may change or cancel any order if law allows us, in the following situations:

  • the product or the products are not available or are out of stock;
  • we are led to believe that you are buying the product in order to sale it (you are not the end-user, but a dealer);
  • your billing information is incorrect or impossible to verify;
  • your payment was not confirmed or authorized by our payment confirmation automated service;
  • the posted price for the product or the products was incorrect and the tariff error was obvious and easily recognizable; or
  • we were not able to deliver at the address you provided us.

8 SHIPMENT, DELIVERY AND RETURNS

Note that the date of dispatches, delivery dates and delays in processing returns and refunds are only estimates and are not guaranteed. However, we will deliver your products and process returns and refunds within the legislative deadlines, except in his absence for reasons beyond our control. The risk of loss of products ordered on this website is given you at the time of product delivery.

Our Return Policy: We are not able to cancel the sending process of your products once you have received an email confirming your order from us. However, if you are not satisfied with products ordered after receiving them, for any reason whatsoever (for example if the colour or size does not fit you), and you want to return the products and get a refund or replacement, you have a period of 60 days from the date of the purchase of the products to do so, subject to the condition that we receive the products at our distribution centre within the prescribed period. All items must be returned unworn, in their original packaging and in a condition allowing their sale. We will refund the amount you paid for the returned products, including shipping charges at standard rates that you may have paid for the delivery of products to your address. We do not refund the cost of priority delivery, express delivery or messenger when these options are available. It is possible that we applied a deduction to the amount paid for the loss of value of the products if you handle them unnecessarily, beyond what is necessary to determine their nature and characteristics.

You can choose to receive your refund in the original method of payment or as a replacement.

Please note that you will be required to bear the costs of return of any ROYER product, unless the product in question is defective or if you choose to receive your refund as a replacement, in which case we can provide a postage-paid mailing label. All returns must be sent to the indicated distribution centre, which is the site from which your products were sent to you. Note that, in order for us to process your return, we must receive the items within the prescribed period of 60 days. You must take into account the time required for the carrier to send your items to our distribution centre.

For more information on returns, including the process to follow in order to cancel your order and return your product, please see our questions on returns.

Rights granted to you by law: Please note that our return policy is added to the right given to you by law to cancel your entire order under the laws applicable in your jurisdiction. You will need to return all items of the cancelled order within the prescribed period from the date you have informed us of your wish to cancel your order. We will refund the amount you paid for your order, including shipping charges at standard rates that you may have paid for the delivery of products to your address, within the prescribed period from the date we receive the returned products. We do not refund the cost of priority delivery, express delivery or messenger when these options are available. It is possible that we applied a deduction to the amount paid for the loss of value of the products if you handle them unnecessarily, beyond what is necessary to determine their nature and characteristics.

For more information on this law and the cancellation form template, see our questions on returns section.

9 WARRANTY FOR DEFECTIVE PRODUCTS

If the product, or products, you have purchased are damaged or have other defects in material or workmanship, please contact us by phone or email to the email address listed below. Please note that this warranty does not apply to normal wear, intentional damage, abnormal manner of storage, alterations, repairs, improper use or unreasonable use. Regarding defective products, we have chosen to offer you a refund, repair defective products or to send you free replacement.

If you believe in good faith that the ROYER product that you have purchased is defective in terms of materials and manufacturing within 6 months from the date of purchase, please send an email to ROYER customer service at client@royer.com, indicating the following information: (a) order number (in the subject line), (b) concise description of the problem, (c) photographs of the defective or damaged product, (d) delivery address for the repaired or replacement products, and (e) proof of purchase (mandatory).

If you bought products directly from a retailer, please contact them for more specific information about guarantees this retailer can offer.

Please refer to our questions on guarantees section for additional information on our guarantees for defective products.

Please note that our warranty for defective products does not supplant the rights you have under the laws applicable to your jurisdiction or to your rights under these laws.

10 PRODUCT RECALL

You agree to fully cooperate with us and give us your support, in reasonable measures, if we are asked to recall products, exclusively at the expense of ROYER. Please inform us if you know or suspect that there is a possibility that the products are subject to recall.

11 INTELLECTUAL PROPERTY RIGHTS: CONTENT

Except where otherwise indicated, the Website, its features, functionality, and all materials, including, but not limited to, images, text, graphics, logos, descriptions, data, illustrations, designs, icons, photographs, video clips, sounds, files, presentations and associated goodwill, software, specifications, advertisements, titles, names, user-generated Content (as defined below) and any other materials belonging to or posted on the Website (collectively defined as “Content”) are protected by copyright and/or database rights and/or other rights of intellectual property laws in Canada, are owned, controlled and/or granted under licence by ROYER, and each of their subsidiaries, divisions, branches, affiliates or companies with the same owners or subject to same control (collectively referred to as “SUBSIDIARIES ROYER”).

“ROYER,” “Hard work commands respect,” “The mother of all boots,” “We are work boots,” and all names, logos, product and service names, designs and slogans are community brands or registered trademarks belonging to ROYER SUBSIDIARIES or its affiliates or licensors. It is forbidden to use these marks without the prior permission of ROYER SUBSIDIARIES in writing. Other trademarks, product names, company names, logos, service marks, trade names and other names mentioned, displayed, cited or indicated otherwise on the Website are provided for informational purposes only and belong to their owners respectively.

Except where authorized by law, or under a specific authorization granted by ROYER, you may not use, reproduce or copy (including any support, by electronic means, or for another provisional or ancillary use), publish, divert, extract, reuse, transmit, distribute, display, modify, perform, download, tune in as part of a licence to operate by pulling derivative works of, perform a reverse engineering operation, by using the technique of “framing”, transfer, sell or participate in the sale or operate in any way whatsoever, in whole or in part, the Content, the Website or any related software.

You receive, hereby, a non-exclusive, limited and revocable licence to view the Content on the Website, but only when you access to the Website. No right, title or interest in any downloaded materials or software is transferred to you after a download or a copy.

The Content may contain omissions, errors, and it is possible that it is outdated. The Content is provided for information purposes only and ROYER has no obligation to update the Content. ROYER, in its sole discretion, change, delete, update, modify or alter in any other manner the Content at any time and without giving any notice.

The images of the products on the Website are presented solely for purposes of illustration. Although we take all measures possible to display colours accurately, we are not able to guarantee that the display of colours on your computer is exactly the actual product colours. Your products and the packaging of your products may differ from the pictures on our website.

12 USER-GENERATED CONTENT

In the context of their use in this section, (i) the term “user-generated content” means Articles (as defined below), messages (including emails), data, information, text, music, sound, photographs, graphics, images, designs, icons, video clips or audio files and any other material or content, (ii) the term “Comments” means comments, remarks, suggestions, criticisms, ideas, proposals and questions, and (iii) the term “interactive area” means the forums, blogs, instant chat rooms, bulletin boards and other interactive areas where you or other users of the website can post comments, content, messages, materials or other items on the Website.

IN GENERAL

By posting, distributing, sending or displaying a user-generated content on the Website, you:

  • grant to ROYER a right that is non-exclusive, royalty-free, perpetual, transferable, irrevocable, fully paid, worldwide, that can be sub-licensed to use, copy, reproduce, modify, adapt, translate, distribute, publish, create derivative works of, display, perform, or disclose or otherwise incorporate into other works, the user-generated content for any purpose whatsoever and as permitted by applicable law;
  •  grant to ROYER the right to use your name related to the content generated by the user, subject to the provisions of the ROYER Privacy Policy;
  •  declare and warrant that:
    •  you own and control all ownership rights of the Content generated by the user that you post or otherwise distribute, or you have the legitimate right to post and distribute such Content generated by the user on or via this website;
    •  this user-generated content is truthful, accurate, complete, not misleading and does not violate applicable laws or regulations; and
    •  the use, the publication and the display of the content generated by the user does not violate these Terms and Conditions, and do not violate and cannot violate the rights of, or harm, another person or entity; finally, you
  • grant to ROYER the right to pursue any competent organization, any person or entity violating the rights of ROYER or your rights under the law applicable to user-generated content.

The user-generated Content that you send is considered as non-confidential and ROYER has no obligation to deal with this user-generated Content as insider information. Without limiting the foregoing statements, ROYER allows itself to use the content generated by the user in an appropriate manner, including, without limitation, removing, dismissing or refusing to post it. ROYER has no obligation to pay you for the user-generated Content or to recognize authorship. However, if, under the applicable law, it is determined that you have moral rights regarding the user-generated Content that you put on the Website, you agree to:

  • not to ask for personally identifiable information to be used in connection with the user-generated Content;o
  • not resist against an action taken by ROYER regarding the publication, use, modification or deletion of User Generated Content; and
  • withdraw and not to claim or assert having moral rights regarding user-generated Content, to the extent permitted by applicable law.

 

INTERACTIVE AREAS

The Website can contain Interactive Areas. If ROYER plans to use such Interactive Areas, you are solely responsible for your use of the Interactive Areas, at your own risk. For example, without imposing any limitation, you agree when you use an Interactive Area, not to post, upload, transmit, distribute, store, create or otherwise publish any of the following:

  • sexually explicit, violence, disparaging, unlawful, defamatory, libellous, obscene, pornographic, indecent, lewd, harassing, threatening or an invasion of privacy or publicity rights of a third party, abusive, coarse, fraudulent or otherwise objectionable material;
  • material promoting drug abuse, smoking or firearms;
  • material constituting incitement to hatred, encouraging or providing instructions for committing a crime, violating the rights of an individual or group, making it liable to prosecution or violating any law or regulations applicable at the local, state, national or international;
  • material infringing a patent, trademark, trade secret, a copyright or other rights of intellectual property or other belonging to a third party;
  • material using the names or portraits of people, living or deceased, or their property, without first obtaining their express permission in writing, or pretending to be a person, entity or otherwise constituting a false representation of your affiliation to that person or entity;
  • advertisements or links to other commercial premises;
  • names, postal addresses, telephone or fax numbers, email addresses, driver’s licence, social security number, national identity, passport and credit card numbers, or other personally identifiable user data or any other third party;
  • viruses, corrupted data or other harmful, disruptive or destructive files;
  • materials not related to the topic covered by the Interactive Areas on which they are posted;
  • hardware communicating messages inconsistent with the reputation of ROYER or otherwise a violation of these Terms; and
  • material which, in the sole discretion of ROYER, is reprehensible, or may expose ROYER, you or other users of the Website, to damage, proceedings or other liabilities.

As far as possible under applicable law, ROYER disclaims all liability for user-generated Content that you post, publish, display or download upstream, or for any loss or damage arising therefrom, and ROYER is not responsible if you encounter errors, mistakes, defamatory, slander, omissions, false statements, obscenities, pornographic materials, profanity, racial or sexist insults or other content posted, published, posted or uploaded upstream and a violation of these Terms. ROYER, which is only the provider of Interactive Areas, to the extent permitted by law, disclaims any responsibility for declarations, affirmations and user-generated Content that is provided by its users on this Website. ROYER has no legal or contractual obligation to oversee, edit, or monitor the user-generated Content posted, published, or uploaded upstream on the Interactive Areas, and makes no commitment in this matter. However, ROYER gives itself the right, in its sole discretion, to remove or edit any user-generated Content posted or stored on this Website without notice and for any reason whatsoever.

Any use of the Website, including the Interactive Areas, constituting a violation of these Terms and Conditions may result in the cancellation or suspension of your permission to use the Website.

COMMENTS

You agree that the Comments you post on this Website will not infringe the rights of third parties, including, without limitation, copyrights, trademark rights, privacy rights, publicity rights and any other personal or proprietary rights. You further agree that the Comments you post on this Website will not contain libellous, defamatory, obscene or rude matters and they will not be contrary to law. You are and will remain solely responsible for the Content and Comments that you send or post to the Website.

13 THIRD PARTY CONTENT, THIRD PARTY LINK TO OTHER WEBSITES

The responsibility for all content, products or services posted, transmitted or related to a third party from the Website belongs only to the third parties responsible for this content. ROYER does not control, does not approve, does not sponsor and does not endorse the content, products or services of third parties on the Website or linked to the Website and takes no responsibility and assumes no liability in the accuracy, completeness, updating, reliability or availability of any content, product, or service. Links to third party content are provided only to facilitate your navigation. If you decide to access content from third parties, you agree that you do so at your own risk and that ROYER is not responsible for any loss or damage you may suffer because of the content, products or third party services.

This Website may also include links to services and third party resources. You acknowledge that (a) ROYER is not responsible for the content of any website accessed through a link or any link contained on a website accessed through a link, or any changes or updates to this website, and (b) ROYER is not responsible for any other form of transmission received from a Website accessed by a link. ROYER is providing these links only to facilitate navigation and presentation of any link does not mean that ROYER approves the corresponding website. Any questions regarding these links should be directed to the supplier Website to third parties.

14 ACCESS AND USE OF THE WEBSITE, ACCEPTABLE USE POLICY

By accessing the Website, you agree to (i) comply with all applicable local laws regarding privacy, online conduct and acceptable use and content, and (ii) the transfer and treatment of your personal data in Canada in accordance with our Privacy Policy.

The Website is available for free. You are responsible for taking all necessary steps to access the Website and to ensure that all people accessing the Website through your internet connection are aware of these Terms and Conditions.

We do not warrant that the Website and its content will always be available or will never be interrupted. Access to the Website is permitted on a temporary basis. We have the right to suspend, remove, modify or discontinue all or part of the Website without notice. ROYER will have no liability to you if for any reason whatsoever, the Website is unavailable at any time or for any period.

Although we take reasonable measures to update the information on the Website, ROYER makes no representation, statement or warranty, express or implied, concerning the accuracy, completeness or Website Update.

ACCEPTABLE USE POLICY

By using the Website, you agree to comply with all the standards set by these Terms and Conditions regarding content and behaviour. For example, without limitation form, you agree not to:

  • modify, copy, distribute, transmit, display, perform, reproduce, publish, grant under licence, create derivative works, use the “framing” technique, use, transfer or sell any information, products, services or Content available to you or obtained from the Website, including, without limitation, by not using screen data capture technique or any other similar action;
  • hack the Website or the server on which the Website is hosted or any server, computer or database connected to the Website, or attack the Website via a denial-of-service attack or distributed denial of service;
  • modify another website to falsely implied that it is associated or affiliated to the Website;
  • damage, disable, overburden, transmit damage, viruses, Trojan horses, time bombs or other items of a destructive nature, or interfere with the use or enjoyment of the Website by third parties;
  • break the laws, rules or regulations in force in your jurisdiction;
  • use a behaviour, a device, process, software, program, an algorithm, a methodology or a routine, automatic or manual, including, but not limited to, a “computer robot”, a “spider web “or any other process or similar functionality to harm (or attempt to harm), damage, disable, unreasonably overburden the operation of the Website; or
  • use the Website for against the law purposes, insulting, offensive, constituting harassment or objectionable to sell goods or services, to make or forward surveys or contests, or for any purpose prohibited by these Terms and Conditions.

 

ACCOUNT SECURITY

Under any section of the Website requesting entry of a username and a password, you are responsible for any use made of your account (with the user name or corresponding password) and for ensuring that all use made of your account complies fully with the provisions of these Terms. You are responsible for protecting the privacy of your user names or names and passwords, when appropriate.

15 REPORTING COMPLAINTS POLICY REGARDING COPYRIGHT, INFRINGEMENT NOTICE

If you believe in good faith that a certain content appearing on the Website constitutes a violation of your copyright, please provide the information requested below by writing to ROYER. The procedure below only serves to inform ROYER an infringement of your material protected by copyright. Please provide the following information in the following order (including section numbers):

  1. A clear identification of the work protected by your copyright, which in your words, are the subject of an infringement;
  2. A clear identification of the material which, in your words, constitute an infringement of work protected by your copyright, and information that will help us find this material on the Website, such as a link to the material constituting a counterfeiting;
  3. Your contact details for us to respond to your complaint, preferably with an email address and a phone number;
  4. Include the following statement: “I believe in good faith that material allegedly constituting a violation of copyright is not authorized by the copyright owner, its agent or the law”;
  5. The notice must be signed by the person authorized to act on behalf of the holder of exclusive rights to the material of the allegedly counterfeit.

The copyright infringement claim notice on the Website should be sent by email or post to:

L.P. ROYER INC.
To the attention of: Andrée-Anne Savard
712, Principale
Lac-Drolet (Québec) G0Y 1C0
Canada

We recommend that you consult an attorney before sending a notice or a response on the matter. Also, please note that you may be liable to pay damages (including, without limitation, expenses and attorneys’ fees) if you make a false copyright infringement notification.

ROYER review and respond to all notices sent in compliance with the above requirements and the applicable law.

PERSISTENT OFFENDER

In compliance with the applicable law, ROYER adopted a policy to revoke, in appropriate circumstances and at its discretion, subscribed or account holders considered as repeat offenders. ROYER may also limit or restrict access to the Website and/or close the accounts of users that ROYER considered as contravening the rights of intellectual property of third parties, as repeated action or not, to ROYER sole discretion.

16 FORCE MAJEURE CASES

ROYER will not be held responsible for damage resulting from a delay or failure of delivery due to force majeure, which includes any unforeseeable event, irresistible and beyond the control of ROYER, in particular due to a natural disaster, an act which you are responsible, embargo or other action, regulation or request of a government, a fire, electrical failure, a slowdown or other difficulties of labour, war, riot, terrorist act, a transport delay or breaches of transport companies, inability to obtain labour, materials or production facilities necessary or, without limiting the foregoing situations, any further delay beyond the reasonable control of ROYER. If such delay occurs, the approximate date specified for delivery would be extended for a period equal to the time lost because of the delay. Your sole remedy for any further delays and in case of incapacity from ROYER to make a delivery for any reason whatsoever, will be to cancel your order subject to sending a written notice to ROYER on the matter and refund the purchase price and all shipping and handling (if we have already taken the amount from your card).

17 ABSENCE OF WARRANTY, DISCLAIMER

ROYER DOES NOT DECLARE OR WARRANT THAT ACCESS TO THE WEBSITE WILL NOT BE SUBJECT TO INTERRUPTIONS OR DOES NOT CONTAIN ERRORS, THAT ERRORS CONTAINED ON THE WEBSITE WILL BE CORRECTED, OR THAT THE WEBSITE AND THE SERVER OR SERVERS WHO PROVIDE FOR THE WEB SITE DO NOT CONTAIN BUGS, VIRUSES, TROJAN HORSES OR OTHER SIMILAR ITEMS. ALSO, ALWAYS SUBJECT TO THE-DISPOSITION OF SECTION 18 (b) BELOW, ROYER MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, ADEQUACY OR USEFUL, RELIABILITY OR COMPLETENESS OF THE WEBSITE, THE CONTENT, CONTENT OF THIRD PARTY COMMENTS, INFORMATION, OR ANY OTHER MATERIALS CONTAINED ON THE WEBSITE OR SUBJECT TO LINK TO OR FROM THE WEBSITE. ALSO, EXCEPT THE INFORMATION IN SECTION 9 AND SUBJECT TO THE DISPOSITIONS OF SECTION 18 (b), ALL PRODUCTS ARE PROVIDED “AS IS” AND ROYER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING THE PRODUCTS.

NO PERSON (INCLUDING AN AGENT, DEALER OR REPRESENTATIVE OF ROYER) IS AUTHORIZED TO ISSUE ANY REPRESENTATION OR WARRANTY REGARDING THE PRODUCTS, EXCEPT IN REGARDS TO SECTIONS 9, 17 AND 18 OF THESE TERMS AND CONDITIONS, AND YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT SUPPORTED YOURSELF BY ANY OTHER WARRANTIES OR REPRESENTATIONS, PROVIDED THAT NO ELEMENT OF THESE TERMS AND CONDITIONS SHALL LIMIT THE LIABILITY OF ROYER FOR ANY FRAUDULENT MISREPRESENTATION.

18 RESPONSIBILITY LIMITATION

AS PROVIDED IN SECTION 18 (b) BELOW AND TO THE EXTENT PERMITTED BY LAW, ROYER DISCLAIMS ALL (A) ERRORS OR INACCURACIES IN THE CONTENT, INFORMATION OR MATERIALS CONTAINED ON OR MADE AVAILABLE THROUGH THE WEBSITE, (B) PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR ACCESS TO ANY OR YOUR USE OF THE WEBSITE OR ANY THIRD PARTY WEBSITE SUBJECT TO LINK, (C) ANY ACCESS OR UNAUTHORIZED USE OF THE SERVERS OF THE WEBSITE OR ANY THIRD PARTY WEBSITE SUBJECT TO LINK AND/OR PERSONAL DATA STORED THEREIN, (D) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR THE THIRD PARTY WEBSITES, (E) BUGS, TROJAN HORSES OR OTHER, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR ANY THIRD PARTY WEBSITE FROM A LINK BY ROYER OR ANY THIRD PARTY, AND, OR FOR ANY LOSS OR DAMAGE FOLLOWING ONE OF THE SITUATIONS MENTIONED ABOVE, UNLESS SUCH LOSS OR DAMAGES ARE RESULTING FROM ANY BREACH OF THESE TERMS AND CONDITIONS FROM ROYER AND IF SUCH LOSS OR DAMAGE WAS FORESEEABLE.

TO THE EXTENT PERMITTED BY LAW, NOTHING IN THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT LIABILITY ROYER FOR DEATH OR PERSONAL INJURY ARISING FROM NEGLIGENCE OR FRAUDULENT MISREPRESENTATION, NEITHER YOUR RIGHTS REGARDING DEFECTIVE PRODUCTS OR PRODUCTS THAT DO NOT MEET DESCRIPTIONS, OR OTHER LIABILITY LAW MAY NOT ALLOW TO LIMIT. WE ARE REQUIRED (EXCEPT WHEN OTHERWISE PRESCRIBED BY LAW) TO SUPPLY PRODUCTS MATCHING WITH PREVIOUS ORDERS.

19 INDEMNITY

You agree to indemnify and exempt ROYER, its officers, directors, employees, agents, licensors, suppliers, service providers, manufacturers and distributors from any liability for any claim, of action, demand, charge, complaints, damages, losses, proceedings, costs (including, without limitation, attorneys’ fees) arising from or related to: (a) your use of the Website; (b) any Content sent, posted or provided otherwise on the Website, to ROYER, and/or its agents, licensors or third licensees; (c) your breach of the dispositions of these Terms and Conditions or any statement that you provide in connection with these Terms; and/or (d) your use of the Website or your purchase of any products or services from the Website. ROYER gives itself the right to assume the exclusive control and defence of any claim subject made by you to this indemnification clause, in which event you will cooperate fully with ROYER for the implementation of any available defence.

20 PRODUCTS OWNERSHIP TITLE

The product ownership title ordered through this Website will be transferred when ROYER receive your full payment for these products.

21 LAW AND JURISDICTION

These Terms and Conditions and the transactions governed by these Terms and Conditions shall be exclusively governed by and interpreted in accordance with the law of the Province of Quebec, Canada.

Any dispute connected with or arising from these Terms and Conditions and/or transactions governed by these Terms and Conditions (including non-contractual disputes) shall be subject to the exclusive jurisdiction of Quebec courts.

22 CONTACT DETAILS

If you have questions about these Terms and Conditions, please send them to the question section link or contact us at the following address:

L.P. ROYER INC.
712, Principale
Lac-Drolet (Québec) G0Y 1C0
Canada
E-mail: asavard@royer.com
Customers service phone number: +1 819 549-2100

23 GIFT CERTIFICATE

The ROYER electronic Gift Card purchased through this website (“Gift Card[s]”) can only be used to purchase eligible items on the site Royer.com. The Gift Cards cannot be used for purchases in stores or on other ROYER websites. The Gift Cards should be treated as cash amounts. We are not responsible for the lost or stolen Gift Cards, or for the use of a Gift Cards without the consent of the person to whom the card was issued. The Gift Cards cannot be charged or reimbursed in cash. Purchases made with a Gift Card will be deducted from the balance of the Gift Card and any unused balance can be used for future purchases. Where the amount of the purchase exceeds the balance of the Gift Card, the excess amount must be paid with another acceptable method of payment. The Gift Cards are not refundable, non-cancellable, and non-exchangeable after purchase, except as required by law. The Gift Cards do not expire.

All items on the Website cannot be purchased using a Gift Card and all discounts and sales promotions will not apply to purchases made with a Gift Card. Please refer to any restrictions noted on the Gift Card or the Website.

When buying a Gift Card, you grant us the right to send the Gift Card to the recipient’s email address as soon as you place your order. At this point, we have completed the delivery of this service and you acknowledge and agree not to cancel your order.

IN-STORE CREDIT

Store Credits issued when the products purchased through the Website are exchanged for store credit in accordance with the conditions hereof (the “Store Credit”) can only be used to purchase eligible items on the Royer Website Royer.com. The Store Credit cannot be used to make purchases in other stores or other ROYER website. The Store Credit cannot be used to purchase Gift Cards. All Store Credit at your disposal will automatically apply to your next purchase. We are not responsible if the Store Credit is used without your permission. Please note that the Store Credit is not transferable. Purchases made with the Store Credit will be deducted from your balance of Store Credit, and any remaining balance will be available for future purchases. When the amount of the purchase exceeds the balance of Store Credit, the excess amount must be paid with another acceptable method of payment. The Store Credit does not expire.

24 GENERAL LAW PROVISIONS

These general Terms are effective unless and until you or the ROYER terminates them. You may terminate these Terms at any time, to the extent that they apply to you, by ceasing to use the Website. ROYER has the right to terminate these Terms at any time, immediately and without notice, and accordingly deny you access to the Website for any reason whatsoever at its sole discretion, provided, however, that all provisions of these Terms and Conditions related to the products you already ordered and intellectual property, compensation, non-liability, limitation of liability and the choice of law shall remain in force after the termination of these Terms.

Except where otherwise specified, the Website and the Content are presented solely for the purpose of promoting ROYER products available in Canada and the United States.

In the event that any part of these Terms is held invalid or unenforceable, the invalid or unenforceable part shall be amended in line with the law and replaced by a provision that reflects the original provision to the fullest extent possible, and the remainder of these Terms shall remain in force. It will be possible to accept a printed version of these Terms and all notices sent electronically or by any other means as part of a judicial or administrative proceedings based upon or relating to these Terms, to the same extent and subject to the same conditions applicable to other business documents and records originally generated and maintained in printed form. Any abstention of ROYER with regard to insist or to make you enforce any provision of these Terms will not be deemed a waiver of any provision or any right.

It is possible that we provide you notice relating to the Website and/or these Terms and Conditions by sending an email to your last known email address, and any notice shall be deemed given and received on the date of transmission.

The execution by ROYER of these Terms and Conditions shall be governed by the laws and legal procedures, and nothing in these Terms and Conditions shall exempt ROYER to its right to comply with demands or obligations imposed by the authorities keeping order.

© L.P. Royer Inc. 2016, all rights reserved.

Please note that we do not classify a copy of the contract between you and us. You should save or print a copy of these Terms in your own folders.