products

TERMS OF USE



Last updated on: August 1, 2017

Welcome to the D-Gel website (hereinafter the “Site”). We advise that you carefully read our general terms of use as they govern your use of this Site.

The general terms of use hereunder constitute a contract (hereinafter the “Contract”) between you and D-Gel. By using this Site, you agree to be bound by the terms and conditions of this Contract. We reserve the right to amend this Contract at any time, at our sole discretion and without prior notice. Any amendments to this Contract will be published on the Site. For this reason, we invite you to consult the Contract every time you use the Site. To find out when the Contract was last amended, check the “Last updated on” date at the top of the Contract. If you do not agree to these terms, please do not use the Site.

Transactions on the Site

We reserve the right to refuse any orders you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders that are placed by or under the same customer account, are charged to the same credit card, and/or use the same billing and/or shipping address. If we change or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address and/or telephone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to have been placed by dealers, resellers or distributors.

Right to modify the Site

We reserve the right, at any time and at our sole discretion, to modify, suspend or interrupt the Site or any service, content, product or feature offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You acknowledge that we are not liable to you or a third party for the modification, suspension or interruption of the Site or any services, contents, products or features offered through the Site.

Site contents

Unless otherwise indicated, the Site and all contents of the Site, including all text, images, illustrations, drawings, icons, photos, videos and other, as well as the copyrights, trademarks, presentations and/or any other intellectual property in these contents (collectively referred to as “Contents”) are owned, controlled or authorized by D-Gel.

The Site and its Contents are solely for personal, non-commercial use. You may download or copy the Contents of the Site for your personal use only. No right, title or interest in any downloaded Contents is transferred to you as a result of any such downloading or copying. With the exception of the above, you may not reproduce, publish, transmit, distribute, post, modify or create related works based on the Contents, or sell or exploit in any way the Contents or the Site.

User comments, feedback and other observations

D-Gel appreciates your feedback and comments about its products and services. However, our longstanding business policy prevents us from accepting or considering creative ideas, suggestions, proposals, plans or materials other than those we expressly request. We hope that you understand that this policy was adopted to prevent any potential misunderstandings if projects later developed by D-Gel’s and/or its subsidiaries’ employees and agents are similar to intellectual creations submitted by users. Consequently, while we appreciate your feedback, we ask that you not send us any creative ideas, suggestions, proposals, plans or other materials in line with our activities. If you make certain submissions (for example, contest entries, feedback on certain products or photographs) at our request or you send unsolicited creative ideas, suggestions, feedback, photographs, proposals, plans or other materials (collectively referred to as “Comments”) via the Site, email, mail or any other means, you agree that D-Gel can, at any time, without any restriction, modify, copy, publish, distribute, translate and otherwise use any of the Comments you transmitted in whatsoever manner. Further, D-Gel does not have any obligation to (1) keep the Comments confidential, (2) pay compensation for the Comments, or (3) respond to any of the Comments. D-Gel has the right, but not the obligation, to control, modify or delete the Comments.

You acknowledge that your Comments may not violate the rights of third parties, including copyrights, trademarks, privacy or any other individual or proprietary right. You also acknowledge that your Comments may not contain any defamatory, unlawful, offensive or obscene contents, or any computer viruses or other malware likely to affect the Site’s operation in whatsoever manner. You may not use a false electronic address, pretend to be someone else or trick D-Gel, its subsidiaries or others as to the origin of the Comments. You are solely responsible for the Comments you make and their accuracy. D-Gel and its subsidiaries do not take any responsibility or accept any liability for the Comments you or a third party choose to publish.

Personal information transmitted through the Site

Your transmission of personal information through the Site is governed by our privacy policy, which can be found by clicking on the “Privacy Policy” link at the bottom of the page. This Contract incorporates by reference the terms of the Privacy Policy.

Product information

Unless otherwise indicated, the prices on the Site are in Canadian or U.S. dollars, depending on the currency you select in the menu bar.

Some products may only be available in limited quantity and may only be returned or exchanged through the Site, according to the applicable return policy.

Tax policy

The taxes we apply to your order are the applicable federal and provincial taxes, based on the shipping address given when you placed the order. Sales tax will also be applied to the shipping and handling fee, if applicable. If you return an item, the sales tax you paid for this item will also be reimbursed. However, the sales tax paid on the shipping and handling fee for this item will not be reimbursed, given that shipping and handling fees are not reimbursable once the item has shipped. If you have any questions about the taxes applied on your bill, do not hesitate to call us at any time at 1-800-546-3435 or 450-546-7361.

Tax-exempt purchases

If you placed an order for a tax-exempt organization or if you are entitled to a tax exemption, contact our Customer Service department at 1-800-546-3435. To comply with federal and provincial tax laws, all required forms and information must be received and verified by our Customer Service team before the sales tax can be reimbursed.

Errors, inaccuracies and omissions

Occasionally there may be information on the Site that contains typographical errors, inaccuracies or omissions relating to the product descriptions, prices, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions, change or update information or cancel orders at any time without notice if the information on the Site is inaccurate (including after you have submitted your order).

Colours

We have made every effort to portray the colour of the products on the Site as accurately as possible. Unfortunately, we cannot guarantee an exact colour match of the colour on your computer screen to the colour of the actual product.

Promotions

Besides the terms of this Contract, any contests, drawings, surveys, games or other similar promotions (collectively referred to as “Promotions”) proposed on the Site may be governed by specific rules not covered by this Contract. If you participate in a Promotion, you will be subject to these rules, which may differ from the terms in this Contract. Should these rules conflict with the terms of this Contract, the Promotion’s rules will take precedence.

Link to other websites and services

The Site may contain links to other sites that are not under the control of D-Gel or its subsidiaries. Neither D-Gel, nor its subsidiaries are liable for the linked website and linking a website does not signify its endorsement. Links are provided solely for the convenience and information of the Site's users.

Password

You are solely responsible for maintaining the confidentiality of your account information, including your password. You agree to notify us immediately in the event of known or suspected unauthorized use of your user account or any known or suspected security breach, including loss, theft or unauthorized disclosure of your password or that of another user. You are solely responsible for any activities carried out under your user account. You agree to notify us immediately of any unauthorized use of your user account or any other breach of security you are aware of.

Disclaimer

The Contents of the Site are provided “as is,” without any representation or warranty of any kind, whether explicit or implicit, including, but not limited to: warranties of title, implied warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property.

D-Gel does not guarantee that the Site or its functions will be uninterrupted or free of defects, that the defects will be corrected or that the Site or the servers that host the Site do not contain any viruses or other hazardous components.

D-Gel expressly disclaims any obligation to update or revise the Contents of the Site while reserving the right to modify the Contents at any time, without notice. You are using the Site at your own risk and assume full responsibility for the costs relating to this use. D-Gel and/or its subsidiaries cannot be held liable for damages of any kind incurred as a result of your use of the Site.

D-Gel does not represent or warrant that the Site, in whole or in part, can be used or is adapted for use in a particular jurisdiction. Those who choose to access the Site do so of their own initiative and at their own risk and must comply with all the applicable acts, rules and regulations in effect in their geographic area. We may, at any time and at our full discretion, limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction of our choosing.

Limitation of liability

You acknowledge and agree that D-Gel cannot be held liable for direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages, including, but not limited to: loss of profit, goodwill, use of data or other intangible losses (even if we were notified of the possibility of such damages) arising out of or relating to (a) use of or inability to use the Site; (b) use of the Contents or any other item on the Site or any websites associated with the Site; (c) the purchase price of the replacement products or services resulting from the products, data, information or services acquired or obtained, or messages received or transactions carried out on the Site or through these; (d) unauthorized access to your transmissions or data or their modification; (e) declarations or conduct by third parties on the Site; or (f) any other point relative to the sites. Under no circumstances will our total liability to you for damages, loss and causes of action (contract, tort [including, but not limited to, negligence] or otherwise) exceed the amount you paid, if applicable, with respect to your use of the Site. If you are not satisfied with any part of the Site or these terms of use, your sole and exclusive recourse is to cease using the Site.

Indemnity

You agree to agree to indemnify, defend and hold D-Gel, its respective managers, directors, employees, shareholders, agents and representatives harmless against all claims, damages, costs and expenses, namely legal fees arising out of or relating to your use of the Site and/or your failure to respect a representation, warranty, condition or other provision of the Contract.

Dispute resolution

Given the high cost of litigation, not only in dollars, but also in time and energy, both you and D-Gel agree to the following dispute resolution procedure: Except to the extent prohibited by law, in the event of any lawsuit, claim, action or dispute arising out of or relating to any transaction conducted on the Site, or the breach, enforcement, interpretation or validity of this Contract or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent to:

(1) D-Gel at: 820 Route 116 West, Acton Vale, Quebec, Canada, J0H 1A0, attention of: General manager, and

(2) You, at your last-used billing address or the billing and/or shipping address in your online profile.

To the extent permitted by law, you and D-Gel agree that this dispute resolution process is a condition precedent that must be satisfied prior to initiating any legal proceedings or taking any recourse against the other party.

Applicable laws and jurisdiction

To the extent permitted by law, this Contract must be interpreted in accordance with the laws applicable in Quebec and Canada, regardless of conflict of law provisions. Any disputes arising out of this Contract will be settled exclusively by the Superior Court of Justice or the Federal Court of Canada in Montréal, Quebec.

Generalities

The waiver of any provision of the Contract will not be considered a waiver of any other provision or of D-Gel’s right to require strict observance of each of the terms herein. If any provision of the Contract is found to be unenforceable or invalid for any reason, that provision will be severable, and all other provisions will remain in full force and effect. This Contract constitutes the indivisible agreement between D-Gel and you relating to your use of the Site.

D-Gel may transfer its rights and obligations under this Contract. The Contract is

binding upon and enures to the benefit of the successors, assigns and people authorized by D-Gel.

Termination

The terms of this Contract will remain in effect until the Contract is terminated by you or D-Gel. D-Gel also has the right to terminate the Contract at any time without notice and consequently deny you access to the Site if it deems, at its sole discretion, that you are not respecting the Contract’s terms or provisions.

Language preference

The parties hereto confirm that it is their desire that this Contract and other related documents, namely the notices, are and will be written in French or English only. The parties hereto confirm their willingness to have this agreement and all documents, including all related notices, written in French or English.