Current version in effect as of November 8, 2017

 

  1. SCOPE OF APPLICATION

These terms and the other policies or regulations of the websites (as that term is defined below), including, but without limitation, the privacy policy is a legal agreement between you (“You” or “User“) and Andrea Jourdan Distributions or one of its franchises and guide the use of websites, applications and modules referring by hyperlinks to these terms (collectively the “Websites“).

PLEASE READ ALL CONDITIONS CAREFULLY BEFORE USING THE WEBSITE ANDREAJOURDAN.COM.

 

  1. ACCEPTANCE OF TERMS

By accepting the Conditions or by using the Websites, you agree to be bound by the terms and stipulations of the Conditions, without reservation or restriction. Your access to and use of the Websites constitutes your acceptance of, and is conditional upon your continued acceptance of and compliance with the following provisions (“Terms of Use”).

If you do not wish to be bound by these terms or if you do not fully agree, you should not access, use or order products through the site andreajourdan.com.

 

  1. ANDREA JOURDAN – ONLINE ORDERS

This website offers its users the possibility to order online products offered in Andrea Jourdan La Boutique locations. In this matter, you agree and understand that:

  • Prices: the prices displayed are in Canadian dollars and exclude, when applicable, sales tax.
  • Processing and Payment: in order for an order to be accepted, its full payment must be paid online by credit card (Visa or MasterCard) through the payment module available during the purchase process.
  • Delivery: delivery service is proposed by Andrea Jourdan Distributions, except for certain products only available in the Boutiques. Delivery is available on the island of Montréal and its surroundings usually within 48 hours. Delivery charges are assessed during your purchase process and depend on the area.

 

For addresses within Quebec or Canada, delivery charges will be assessed according to delivery address. You can also reach us by email at [email protected] to request an assessment.

Final Sale: since most of our products are perishable and mainly made to order, no exchange or refund is allowed.

Availability: the company cannot guarantee that all products ordered are available, or that all product information is up to date. In this event, your order will be refunded as soon as possible.

Display: product photos are indicative only and accessories depicted are not included.

Food Security: the company cannot guarantee that its products are allergen-free. We recommend reading closely the ingredients and other pertinent information on each product’s web page.

For any questions specific to Andrea Jourdan Distributions, please contact us by email: [email protected]

 

Accepting Orders and Booking an Atelier

An email from Andrea Jourdan Distributions confirming an order or an Atelier booking, does not in any way confirm that Andrea Jourdan Distributions accepts the order nor is it a confirmation that Andrea Jourdan Distributions is committed to sell anything. Andrea Jourdan Distributions reserves the right, without prior notice, to refuse an order.

Booking a course can also be performed with our email through Customer Service.

Atelier reservations are subject to the same general conditions of sale.

The price for each product ordered is the one seen on each product’s page as published on the Website.

Applicable sales taxes are additional to price listed.

Andrea Jourdan Distributions reserves the right to modify without notice at any time the prices of products offered on its Website. All prices are in Canadian dollars.

 

Methods of Payment

Our site accepts Visa and MasterCard credit cards.

 

Gift Certificates

Gift certificates are sold in our Boutique locations and this form of payment is not accepted on our Website. They can only be used in our Boutiques.

 

Andrea Jourdan Distributions is not responsible for the loss, theft or fraudulent use of its gift certificates.

Gift certificates are not redeemable for cash and are non-refundable.

Transactions are processed in Canadian dollars.

The Customer that owns a gift certificate may be entitled to the restrictions associated with it.

 

Cancellation Policy

For any reason, should you need to cancel your order, you must notify us in writing: [email protected]

 

A response time of your order in 48 hours (excluding holidays and Sundays) being necessary, no changes to your order can be taken into account if it intervenes less than two (2) working days before scheduled delivery date. Similarly, any cancellation of order cannot be effective if it is made at the latest within a period of two (2) working days before the scheduled delivery date. If the conditions are met, we invite you to email our Customer Service: [email protected]

If you want to change the address or the day of delivery of your order, please email our Customer Service: [email protected] no later than two (2) working days before the date of scheduled delivery.

Should your order be already shipped, our Customer Service will do its best to contact Canada Post. We are not responsible if your package is not taken into account by Canada Post.

 

Ateliers

For a cancellation up to 7 days before the start of the course, you have two options: a person can replace you, or you can choose another course offered within the limit of available places. No refund will be issued for a course.

Andrea Jourdan Distributions reserves the right to cancel a course if the minimum number of participants is not reached.

No refund will be issued, the customer will have a credit for the course cancelled without validity date for re-use in the calendar is available on the website. Re-enroll in the course can be done only with our Customer Service: [email protected]

 

Safe Transactions

Andrea Jourdan Distributions assumes no liability as to the fact that confidential information about You may be disclosed. It is worth noting that, for your safety, no credit card information is kept on our servers. If You are concerned about confidentiality related to the use of your credit card on internet, we invite you to submit your reservation request to a representative of our Customer Service: [email protected]

 

  1. ACCOUNT USER AND PASSWORD

In order to use certain features of the Websites, you may have to register to create a unique user account (“User Account”). To create a User Account, you must, for example, provide your first name, last name, email address, country of residence as well as a password. You may also have the opportunity to provide additional information to the company in order to help us organize your profile and provide you with a more personalized user experience.

You are responsible for maintaining the confidentiality of your User Account and the password associated to it. In the event the confidentiality of your User Account would be compromised, You must notify the company as soon as possible in order to avoid its possible fraudulent or unauthorized use.

The company cannot be held liable for the unauthorized use of your User Account and You agree to bear any responsibility for acts committed through the use of your User Account, unless You close or report its fraudulent or unauthorized use.

To request your User Account be closed, or to inform us of a fraudulent or unauthorized use of your User Account, email our Customer Service immediately: [email protected]

The company reserves the right to suspend your User Account or to close it at any time, at its discretion and without notice. For example, but without limitation, the company can suspend or close your User Account if you do not respect the Conditions, or even if you use the Websites in a way that is likely to cause or may cause some damage to the company, liability, to disrupt the activities of the Websites or to disrupt the use of the websites by third parties.

 

  1. USER CONTENT

You keep the rights to your content protected by copyright that you submit to us via the Websites, and the company says that she would never claim to be the owner or the original author of your content.

In addition, you represent and warrant to the company that:

However, by submitting your content through the websites, you grant company a license not exclusive, transferable, sub-licensable, without charge, perpetual and worldwide on your content for any purpose whatsoever (the license”) and You waive all your moral rights in your content. Under this license, the company may, but without limitation, use, reproduce, store, adapt, translate, modify, create derivative works, transmit, distribute, publicly perform and make available to the public, through the any media whatsoever, your content.

In addition to grant the license described above, by submitting your content through the website, you:

  • Agree that your first name, first letter of your name, age group, city and country of residence may appear in connection with your content and use the company might make the latter under the license;
  • Acknowledge and agree that the company cannot be held responsible for any loss, damage or corruption of your content.

In addition, you represent and warrant to the company that:

  • Your content does not violate any intellectual property right, including any copyright of a third party;
  • Aside any content free of right, you are the sole owner of all the intellectual property rights, including copyright, on your content or, if necessary, that you have written permission from the owner in order to submit your content;
  • Your content contains no defamatory remarks, no obscenity and does not violate the right of a third party privacy or the image;
  • Your content does not violate a law, an Act, an order or a regulation that is applicable to you or that is applicable to the company;
  • Your content is not to promote or advertise products, services, websites or organizations other than for services, products, websites, or organizations of the company or not is not a string of letters or any other form of solicitation.

Your content is a reflection of your thought, your preferences, your tastes and more generally of your person. You must not imply that your content is guaranteed by a third party unless expressly authorized. You can’t hear, imply or suggest that the company approves, share or endorse your content, unless expressly authorized.

The company may refuse or remove any content from users in his sole and absolute discretion and without notice to the original author.

The company does not endorse or don’t approve of the content of users on the website and excludes all liability and guarantee with regard to such content.

 

  1. COPYRIGHT

Excluding the users content, all content created, developed, diffuse, release, developed, generated or reproduced on Websites (including the texts, recipes, codes, illustrations, images and videos) as well as its selection, composition and arrangement (the “company content”) belongs to the company or is licensed from third parties and may be protected by the laws on intellectual property, including Copyright Act (R.S.C. 1985, c.) (C – 42).

When applicable, the company reserves all its rights with respect to the content of the company which it owns. Accordingly, it is prohibited to copy, reproduce, modify, reformulate, reissue and, more generally, to use the components business, both in a partial way than full content, without obtaining the prior written authorization in writing by the company.

Notwithstanding the foregoing, you may download, print and reproduce the content of the business for personal use, for information purposes, provided that you respect all copyright or other intellectual property notices in the Enterprise content and that you cite the URL source for the content of the company.

 

  1. TRADEMARKS

Certain names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the websites may be recorded or not of the company or third-party trademarks. Even if the company can use certain trademarks of third parties under license, display the trademarks of third parties on the websites does not presuppose any relationship or license between the company and the owner of the trade mark in question, or the approval or endorsement of the company of the goods, services or activities of the owner of the trade mark in question.

Nothing contained on the Websites shall be construed so as to grant you a license or a right of use of any logo, design or trademark of the company or a third party, without the written permission of the company or third owner of a trademark given.

 

  1. YOUR OBLIGATIONS

By using the Websites, and without restricting the scope of what is otherwise provided in the terms, you agree (i) to comply with all laws that apply in your jurisdiction of residence, (ii) to provide us with accurate up-to-date information and (iii) to use the Websites in a reasonable and responsible way.

Furthermore, you agree to not:

  • use the Websites for any purpose illegal or illicit.
  • create or leave believing in a false identity on your user account or create an account without authorization, user for anyone other than yourself;
  • use or attempt to use, without being authorized, on behalf of another user.
  • violate the rights of intellectual property of the company or others, including patents, trademarks, trade secrets, licensing, copyrights or other property rights;
  • monitor the availability, performance or functionality of the Websites for competitive purposes;
  • use software, devices, robots of manual coding or automata or other means to access, break it down, analyze or indexing features of the websites or any service, data or related information;
  • take the remarks defamatory, offensive or threatening or unlawful harassment, impersonate another person or intimidate another person, or present inaccurate or deliberately wrong way your relationship with a person, including using an address of electronic mail or similar nicknames, or by creating fake accounts or by any other means or stratagem.
  • transmit a code of destructive nature likely to damage, intercept surreptitiously or to expropriate a system, data or personal information or even interfere unfavorably
  • keep obscene or use explicit language or profanity;
  • display advertisements for your company, your products, or those of another person or any other type or form of spam;
  • circumvent any security feature of the Websites;
  • use the websites for a use for which it is not intended.

If the company has reasonable grounds to believe that you do not the obligations mentioned above, or any other obligation to the Conditions, the company may, in his sole and absolute discretion and without notice, suspend your right of use of the Websites or limit your access to them in any other way that seems appropriate.

 

  1. SUBMISSION OF IDEAS

Any comment or suggestion regarding the Websites, their features or business activities in which the company is or might be involved that you can pass to the company can be used, adapted, or layout application by the company without any obligation of compensation or any other form of compensation.

You acknowledge that your comments, suggestions, ideas or proposals relating to the Websites, their features or commercial activities in which entered the company, you submit to the company (with the exception of the content of) Users) (“Suggestions”), is not confidential, not yours, and may be disclosed, used, adapted or applied by the company without any obligation of compensation or any other form of compensation.

 

  1. WAIVER OF WARRANTIES

Websites and all of the content that is there are provided as what. When you use the websites, you acknowledge and agree that you do so entirely at your own risk. Websites may be abandoned or their access may be interrupted at any time by the company or otherwise. The company makes no representation or warranty as to the content, services or features offered on the Websites or the content of the users therein, including, in particular:

  • As to the accuracy, availability, completeness, reliability, marketability or the opportunity of Websites;
  • As to the operation or accessibility of the websites without interruption or error;
  • As to the correction of defects or errors in the Websites;
  • As to the absence of virus or harmful elements in Websites;
  • As for the safe transmission or interception of communications through Websites.

 

  1. LIMITATION OF LIABILITY

To the full extent permitted by applicable law, the company and its officers, directors, employees, agents and their successors and successors causes, respective cannot in any circumstances be liable for any loss or damage of the nature or reporting, including a breach of your privacy, loss of business or loss of profits that it what the cause, and that it is based on a contract (including breach of an essential obligation), these Conditions, the liability (including negligence) or otherwise, even if the company knew or should have known of the possibility of such damages. In addition, the company has no obligation to retain or store searches, preferences or any other data that you publish or save from time to time on Websites and cannot be held responsible for any loss or damage as a result of a loss of data.

If you decide to visit or use a website linked websites, material, software, goods or services from a website linked to the Websites, you do this entirely at your own risk.

Disclaimer: allergy alert – all products may contain or have been in contact with nuts, dairy products, wheat, soybeans, sugar, and several other products which may create allergic reactions. Andrea Jourdan Distributions is not responsible for any problems that might arise following the purchase and consumption of its products. Customer agrees at its own risk products as he receives them.

 

  1. COMPENSATION

The company is not responsible for your content that you generate on the Websites, or the actions you ask or do not ask related Websites (your ‘ acts’).

You agree that your actions will be under your sole responsibility and acknowledge them have done knowingly. The company could not be held responsible for any infringements to the Conditions you have might have committed. As a result, you done and cause for the company and its subsidiaries, parent company, officers, agents, representatives, directors, employees, and trading partners in the event where a lawsuit is brought against it following user has committed a violation of the Conditions you have committed or that anyone with access to your account.

In all cases, you agree to indemnify and release from any liability the company, its subsidiaries and its affiliates, directors, officers, agents, representatives, employees and business partners in respect of losses, obligations, claims, demands, damages, costs and expenses of any nature whatsoever, including attorney fees reasonable, relatively to your actions as well as any violation of the terms, any law or the rights of a third party.

 

  1. JURISDICTION AND APPLICABLE LAWS

Conditions are governed and interpreted by the laws of Quebec and the Canada that are applicable, without regard to principles of conflict of laws.

This paragraph does not apply to consumers in the province of Quebec (Canada), to which applies rather the (Quebec) consumer protection Act (chapter P – 40.1). You agree and acknowledge irrevocably the exclusive jurisdiction of the Federal and provincial courts sitting in and for the judicial district of Montreal relatively to any litigation born or related, y terms elect home and waive any objection based on lack of jurisdiction or to any application based on the notion of forum non conveniens.

 

  1. DIVISIBILITY

Each of the provisions of the Conditions is individual and separate, and if one or other of the Conditions was found to be invalid, illegal or unenforceable, all other provisions of the Conditions would retain full force and effect.

 

  1. WAIVER

The fact that the company does not insist on the full implementation of an obligation under these Conditions or does not exercise a right conferred will not be considered as a waiver to the performance of that obligation or right. Any waiver by the company of a right conferred on it under the terms of these Conditions won’t be worth if it is established by a signed writing and will apply only with respect to the law and circumstances expressly covered by this waiver.

 

  1. ANTI-ASSIGNMENT

You cannot assign or delegate any rights or obligations under the terms of the Conditions without the prior consent of the company.

 

  1. RETROACTIVE EFFECT

The first version of the Conditions having been put online on 7 November 2017 (the “Date of online”), you agree and acknowledge that, when applicable, during your initial acceptance of Conditions, any use, any content contributed and all Act or omission relatively to Websites that relates to a period prior to the Date of online publication, to be retroactively subject to these Conditions.

 

  1. CHANGE

Websites are a dynamic environment and evolving subject to change. The company may revise the terms at its discretion by the simple update this page or pages where the provisions of the Conditions to change. It is your responsibility to review the terms on a regular basis to be aware of any changes that could be made.

Notwithstanding the foregoing, company will notify users of any changes to the Conditions at least 30 days before its entry into force.

If you are not in agreement with one or several changes to the terms, you must discontinue use of the Websites and, if necessary, close your user account. The fact to continue to use the websites or do not close your user account after the company published the changes will amount to your acceptance of the changes to the terms.

 

  1. COMMUNICATIONS

The advice that it is required or permitted to give under the Conditions must be made in writing and will be considered as having been validly given if sent by email or by registered mail to the following addresses:

  • If the recipient is the user: postal address or email provided to the company in the User Account.

 

Notices and communications will be deemed have been given and received on the day of their release or effective mailing (or, if that day is not a business day, the next business day), unless they have been given or received after 4:30 pm , in which case they will be deemed have been given and received on the following business day.

 

For any questions or comments on the Conditions, please contact: [email protected]

 

  1. SURVIVAL

Articles 5 (user content), 9 (submission of ideas), 10 (waiver of warranties), 12 (Limitation of liability), 12 (Indemnification), 13 (jurisdiction and applicable law), 14 (divisibility), 15 (waiver), and 20 (survival) will continue their effect to the termination or expiration of this agreement.