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Terms & Conditions

CONDITIONS OF USE

Welcome to Désirables ! The services on this site are offered to you by Désirables Expérience Design Inc. For the rest of this text, Désirables will be used, but it is understood that Désirables is a part of DÉSIRABLES EXPÉRIENCE DESIGN  inc. When you use Désirables (“desirables.ca”, “Désirables”, “we”, “our”, “us”) you understand that you are subject to the following conditions. If you visit or shop at desirables.ca, you accept and agree to abide by these conditions. Please read them carefully. When you use any current or future DESIRABLES.CA service, you will be also subject to the guidelines and conditions applicable to such service or business. Before placing an order, if you have any queries relating to these terms and conditions, please email our customer service team at info@desirables.ca .

BY USING THE DESIRABLES.CA SITE AND THE SERVICES OFFERED THROUGH IT, YOU AGREE TO BE BOUND BY THESE CONDITIONS OF USE AND ALL RELATED POLICIES, CONDITIONS, AND GUIDELINES. IF YOU DO NOT AGREE WITH ANY OF THESE CONDITIONS OF USE, YOU MAY NOT USE THE DESIRABLES.CA SITE.

Privacy

Please review our Privacy Policy, which also governs your visit to the DESIRABLES.CA site and forms part of these terms, in order to understand our practices.

Electronic Communications

When you visit DESIRABLES.CA or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the DESIRABLES.CA site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included on the DESIRABLES.CA site – such as text, without limitation, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software – is the property of DESIRABLES.CA or content suppliers, and is protected by Canadian and international copyright laws. The compilation of all content on the DESIRABLES.CA site is the exclusive property of DESIRABLES.CA and protected by Canadian and international copyright laws. All software used on the DESIRABLES.CA site is the property of DESIRABLES.CA or its software suppliers, and protected by Canadian and international copyright laws.

Trademarks

Desirables.ca, Désirables, and other marks indicated on our site are trademarks or registered trademarks of DÉSIRABLES EXPÉRIENCE DESIGN Inc. in Canada and other countries. Désirables graphics, logos, page headers, button icons, scripts, and service names are trademarks of Désirables. Désirables’s trademarks may not be used in connection with any product or service that is not Désirables’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Désirables. All other trademarks not owned by Désirables or its affiliates that appear on the DESIRABLES.CA site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Désirables.

License and Site Access

Désirables grants you a limited license to access and make personal use of the DESIRABLES.CA site, and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of Désirables. This license does not include any resale or commercial use of the DESIRABLES.CA site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the DESIRABLES.CA site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools.

The DESIRABLES.CA site or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Désirables. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Désirables without express written consent. You may not use any meta tags or any other “hidden text” utilizing Désirables’s name or trademarks without the express written consent of Désirables. Any unauthorized use terminates the permission or license granted by Désirables. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the DESIRABLES.CA home page, so long as the link does not portray Désirables or our products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Désirables logo or other proprietary graphic or trademark as part of the link without express written permission.

Your Account

If you use the DESIRABLES.CA site, you are responsible for maintaining the confidentiality of your account and password, as well as for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use DESIRABLES.CA only with involvement of a parent or guardian. Désirables reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

Billing, Payment & Credit Card Information

We accept Visa, MasterCard, American Express credit cards as well as Paypal. We also use Paypal as a payment gateway. Please note that we do not at any time accept debit cards or direct bank transfers.

International Site Access

This site, www.desirables.ca, can be accessed from countries other than Canada. Désirables may offer products or references to products that are not available outside of Canada. Any such products or references to products do not imply that such products will be made available outside Canada. If you access and use www.desirables.ca outside Canada you are responsible for complying with your local laws and regulations.

Reviews, Feedbacks, Comments, Communications and Other Content

Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Désirables reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Désirables a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Désirables the right to use the name that you submit in connection with such content, if we choose. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Désirables for all claims resulting from content you supply. Désirables has the right but not the obligation to monitor and edit or remove any activity or content. Désirables takes no responsibility and assumes no liability for any content posted by you or any third party.

Copyright Complaints

Désirables respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately at info@desirables.ca.

Risk of Loss

All items purchased from Désirables are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.

Product Descriptions

Désirables has made every effort to display as accurately as possible the colours of our products that appear on the website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery.

All measurements are approximate, however we do make every effort to ensure they are as accurate as possible. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system. We reserve the right to refuse orders where product information has been incorrectly published, including prices and promotions.

Désirables attempts to be as accurate as possible. However, Désirables does not warrant that product descriptions or other content of the DESIRABLES.CA site are accurate, complete, reliable, current, or error-free. If a product offered by DESIRABLES.CA is not as described, please contact our customer service department at info@desirables.ca.

Illegal Usage Prohibited

You shall not use Désirables’s Website or materials to past, transmit, upload, distribute or publish any content that is libelous, seditious, defamatory, blasphemous, fraudulent, invasive of another’s privacy, tortuous, obscene, pornographic, abusive, infringing or otherwise illegal, as determined in the sole discretion of Désirables. You agree to comply with all applicable local, provincial, federal and international laws, regulations and treaties while using this site. In addition, while using the website in accordance with these terms as modified from time to time, you agree to comply with generally accepted internet standards and shall refrain from any abusive use of this site.

Disclaimer of Warranties and Limitation of Liability

THE DESIRABLES.CA SITE IS PROVIDED BY DÉSIRABLES EXPÉRIENCE DESIGN  INC ON AN “AS IS” AND “AS AVAILABLE” BASIS. DÉSIRABLES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DÉSIRABLES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DÉSIRABLES DOES NOT WARRANT THAT THE DESIRABLES.CA SITE, ITS SERVERS, OR E-MAIL SENT FROM DESIRABLES.CA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DÉSIRABLES, ITS PARTNERS, AFFILIATES AND SUPPLIERS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES AND SUPPLIERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE DESIRABLES.CA SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE (INCLUDING, WITHOUT LIMITATION, THOSE DAMAGES RESULTING FROMLOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), AND CONSEQUENTIAL DAMAGES.

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Links to Other Websites

Links to third party Websites on this site are provided solely as a convenience to you. If you use these links, a new browser will be lodged to access linked Websites. Désirables has not reviewed these third party Websites and does not control and is not responsible for any of these Websites or their content. Désirables does not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party Websites linked to this site, you do this entirely at your own risks.

Termination

You acknowledge and agree that Désirables, in its sole and absolute discretion may, without notice to you, suspend or terminate your use of, or access to the Website, for any services and remove and discard any related materials for any reason, including where Désirables believe that you have violated any of these terms. You agree that Désirables shall not be liable to you or to any person as a result of any such suspension or termination. If you are unsatisfied with any of these terms, please discontinue using this Website.

Disclaimer

You acknowledge that you are using this site including its materials at your own risks. Désirables and its partners, affiliates and suppliers do not guaranty error-free or uninterrupted operations of this site. The products, services and information provided on this site are provided “as is” without any warranties of any kind including warranties of merchantable quality, fitness for particular purpose, or non infringement of intellectual property. Désirables and its suppliers do not warrant the accuracy and completeness of materials available on or throughout this site. The materials on this site may be out of date, and Désirables makes no commitment to update the materials. Information published on this site may refer to products, programs or services that are not available on your jurisdiction. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

Indemnification

You shall indemnify and forever save harmless Désirables, its partners, affiliates, parent company, and suppliers and each of their respective directors, officers, employees, consultants, agents and suppliers from and against any and all claims, demands, actions, suits, losses, costs, charges, expenses, damages and liabilities (including legal fees) which may be incurred by reason of or in connection with your use of this site.

Applicable Law

By visiting the DESIRABLES.CA site, you agree that the laws of the Province of Quebec and the laws of Canada, without regard to principles of conflict of laws, will govern these Conditions of Use. The courts of the Province of Quebec shall have exclusive jurisdiction over all disputes. You agree that jurisdiction and venue in such courts is appropriate and you agree to submit to the jurisdiction of such courts.

Revision of Terms

Désirables may revise these terms at any time by updating this posting. You should visit this page from time to time to review the then-current terms because they are binding on you and your continued use of this site signifies your acceptance of these revised terms. Certain provisions of these terms may be superceeded by expressly designated legal notices or terms located on particular pages of this site.

Entire Agreement

These terms together with Désirables’s privacy policy constitute the complete and entire agreement between you and Désirables pertaining to the use of this site and superceed any prior agreements, whether written or oral.

Waiver

Désirables will not be considered to have waived any of its rights or remedies described in these terms unless the waiver is in writing and signed by Désirables. No delay or omission by Désirables in exercising its rights or remedies will impair or be considered as a waiver of its rights to enforce such rights at any time.

Site Policies, Modification and Severability

Please review our other policies, such as our privacy policy, posted on the DESIRABLES.CA site. These policies also govern your visit to the DESIRABLES.CA site. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. Any changes or revisions will be effective immediately upon their posting on the DESIRABLES.CA site. Your use of the DESIRABLES.CA site will be subject to the version of the Conditions of Use posted on this site at the time of such use. Accordingly, you are advised to review the Conditions of Use prior to using the DESIRABLES.CA site.

YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF ANY CHANGES OR REVISIONS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR REVISIONS. IF YOU DO NOT AGREE TO ANY CHANGES OR REVISIONS TO THESE CONDITIONS OF USE, YOU MAY NOT USE THE DESIRABLES.CA SITE AND ARE TO DISCONTINUE USE OF THE SITE IMMEDIATELY. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Promotional Offers

Désirables promotional offers may be subject to promotion specific guidelines and restrictions. In addition to these promotion specific conditions, all regular Désirables terms and conditions still apply as usual and are applied at the discretion of Désirables management. Orders placed, that infringe on these guidelines can and will result in the cancellation of said order and will be treated as fraudulent.