ARTICLE 1 – SCOPE OF APPLICATION
These general terms and condition of sale (hereinafter referred to as "Terms and Conditions") apply without restriction nor reservation, to all sales concluded between the company, Nüspace (hereinafter referred to as “Nüspace”), headquartered in 4689 Rue St-Denis, Montréal Qc H2J 2L5 and any users (hereinafter “Client”) of the website www.nuspace.ca (hereinafter “Site”) or of one of the Nüspace stores wishing to make a purchase in Canada. These Terms and Conditions are available anytime on the Site or in stores and will prevail, when the needs arise, over any other contradictory version or document. These Terms and Conditions may be subject to change. Nüspace reserves the right to modify or amend these Terms and Conditions at any time without prior notification made to the Client. They may be enforced against the Client from and during the entire duration time of their publication online. Each purchase on the Site or in a store is subject to all the Terms and Condition applicable on the date the order is placed. Nüspace considers that by placing an order, the Client has fully understood the Terms and Conditions and accepts them without reserve. The applicable and enforceable conditions against the Client are those in effect when the Client validates the order on the Site or in a store. These Terms and Conditions apply to the exclusion of all other conditions, particularly those applied for sales in stores or other means of distribution and commercialization.
ARTICLE 2 – PURPOSE
These Terms and Conditions have as purpose to define the regime for sales made online or in a store of furniture or interior or exterior home decoration and the rights and obligations implied. These Terms and Conditions thus govern: > the organization of legal relationships between Nüspace and the Client. > the sales condition between Nüspace and the Client (order, delivery, etc...).
ARTICLE 3 – PROCEDURE AND ORDER INFORMATION
3.1 – Client identification To place an order, the Client must do one of the following: > connect on the Site (accessible 24/7, apart from incidents affecting the level of service), > register at a store (see stores opening hours). When placing the first order, the Client must create a client account via the “MY NÜSPACE ACCOUNT” section or in a store by leaving the necessary information on the form dedicated to this matter. The Client explicitly commits not to give false information or information of any third party. The Client is entirely responsible of his or her username and password and is responsible for keeping them confidential. 3.2 – Placing an order 3.2.1 – Ordering online: The Client wishing to place an order must select the products on the Site. Once the selection is made, the Client must click on the “ORDER” button. This is how the Client fills the cart. After filling the cart, placing an order on the Site is done by the Client in 7 steps: 1 – Identification: The client chooses whether to create a user account or to place an order as a guest. However, it is recommended to create an account as this will facilitate tracking the order. 2 - Billing: The client chooses the billing address for the order and may choose to have the order delivered at the same address. 3 - Shipping: In the case where the Client wishes to receive the order at a different address than that of the billing address the Client is asked to fill in this section. The Client may also choose to have his order sent directly to a post office.4 - Method of delivery: The Client may be offered different types of shipping means. He or she may then choose the means the order is received according to his or her needs (price, delay, etc.) 5 - Payment: Once steps 1-4 are validated, the Client must select the desired payment methods. > By credit card: Visa, MasterCard > With Paypal: PayPal is a secure payment method which allows the Client to quickly pay the order without sharing any bank details with vendor sites. - the process simply involves having given them when creating a PayPal account. They are then encrypted and secured once and for all. • - If the Client already has a PayPal account, he or she can use it on the Site to quickly pay for the purchases in full security. - If the Client doesn’t have a PayPal account, he or she may still choose this payment method. At the time of paying for the order, the Client is directed to a PayPal webpage where he or she gives his or her bank details (and chooses whether to create a Paypal account or not). The debit will be made once the order confirmation is made. WARNING: Fight against fraud at the time of payment Nüspace reserve the right to ask the Client to confirm his or her identity, place of permanent address and payment method used. In the case of failure of receipt of said information, Nüspace reserves the right to cancel any order placed. Nüspace reserves the right to refuse to honour any order in the case in which there is any existing litigation relating to the payment of a previous order. 6 - Summary of the order: The Client verifies the content of the cart and may, if he or she has one, add a promotional code that will allow him or her to benefit of an offer currently available on the Site. Prior to making the definitive validation of the order, the Client has the possibility to make some changes to it if he or she notices a mistake was made when entering information. WARNING: The Client must validate the order only after having read and fully understood these Terms and Conditions. 7 - Confirmation: As far as the Client is concerned, the order is done as soon as he or she receives an order validation. The order validation by the Client and its payment will lead to a confirmation email along with an order number being sent by Nüspace to the email address provided by the client The information provided by the Client and registered by Nüspace during the order entry constitutes as proof of the transactions between the Client and Nüspace. The information concerning the order is subject to data processing of which Nüspace is responsible for.
220.127.116.11 – Use of a Web promotional code
During predefined events, the Customer can have access to a promotional code to apply in his basket. Offer is subject to change without notice. No price adjustments on previous purchases. Not valid on gift cards. The specified value applies only to the purchase of merchandise; it does not apply to taxes, handling and packaging charges, delivery charges and the purchase of gift cards. The offer cannot be combined with any other offer or discount. Online promotional codes cannot be used for in-store purchases. The offer may not be transferred or exchanged for cash or any cash equivalent. Final sale. Nüspace is not responsible for lost or stolen codes. Enter the promotional code at the checkout.
18.104.22.168 – Web promotions
Promotional offers are subject to change without notice. No price adjustments on previous purchases. Not valid on gift cards. The specified value applies only to the purchase of merchandise; it does not apply to taxes, handling and packaging charges, delivery charges and the purchase of gift cards. The offer cannot be combined with any other offer or discount. The offer may not be transferred or exchanged for cash or any cash equivalent. Final sale.
3.2.2 – Placing an order in a store: The Client wishing to place an order selects the products in the store. Once the selection has been made, the Client has to speak to a seller in order to place the order. The order process in a store is done in 4 steps: 1 – Identification: The client chooses whether to create a user account (name, surname, telephone number, email, etc…) or to place an order as a guest. However, it is recommended to create an account, as this will facilitate tracking the order. 2 – Shipping method: The client can choose to pick up the order in the store, or to have it delivered at the address of his or her choice. The delivery charges are communicated to him or her and applied on his or her order. 3 – Payment method: once steps 1 and 2 are validated, the Client must select the desired payment method to pay for the order (minimum 50%). • By cash • By credit card: Debit, Visa, MasterCard • By cheque emitted by a bank domiciled in Canada made payable to Nüspace and addressed to the attention of the accounting department of Nüspace, 4689 Rue St-Denis, Montréal Qc H2J 2L5, along with a copy of both sides of the ID of the cheque account’s holder. The cheque account’s holder must be the one that places the order (same name, surname and address). The order will be held for 72 hours as from the validation of the order and will only be confirmed when the check has been cashed. • By bank transfer to the account of Nüspace of which references will be provided when validating the order or by email. The cheque account’s holder must be the one that places an order (same name, surname and address). The order will be held for 72 hours as from the validation of the order and will only be confirmed when the bank transfer has been confirmed. The bank transfer will be effected when confirmation of the order is made. WARNING: Fight against fraud at the time of payment. Nüspace reserve the right to ask the Client to confirm his or her identity, place of permanent address and payment method used. In the case of failure of receipt of said information, Nüspace reserves the right to cancel any order placed. Nüspace reserves the right to refuse to honour any order in the case in which there is any existing litigation relating to the payment of a previous order. 4 – Order confirmation: The Client must deliver by hand or email a copy of his or her order. He or she must verify the content of the order within 48 hours. During this period, the Client has the right to make amendments to it if he or she sees an error was made during data entry, or even to cancel the order. After this period, the order will be considered closed. WARNING: The Client must only validate the order after having read and fully understood these Terms and Conditions. He or she must pay the total amount of the sale upon receipt of the order from the store or before the delivery of the order. The information provided by the Client and registered by Nüspace during the order entry constitutes as proof of the transactions between the Client and Nüspace. The information concerning the order is subject to data processing of which Nüspace is responsible for. 3.3 – Tracking the order The Client has the possibility of tracking the order by contacting the Nüspace customer service indicated on the order confirmation addressed to the Client.
ARTICLE 4 –SPECIAL ORDERS
Nüspace offers the Client the possibility to personalize products or to place special orders. In case of special orders of products of which manufacturing is custom-made, the Client won’t be able to ask for the cancellation of the order, fact which eliminates the possibility for the Client to exercise his or her right to cancel the order.
ARTICLE 5 – PRICE
The prices indicated on the Site and in store are expressed in Canadian Dollars and exclude tax (ET). They do not include GST and QST applicable during the day of the order, and any change of the GST and QST tax rates may be reflected on the price of the products. The prices of the products do not taken into account the: • Delivery fees that are to be charged along with the price of the products (the delivery fees will be displayed on the Site and will be specified to the Client when placing the order), subject to an exception specified on the Site or an offer given in store. • Eventual mounting fees that will be billed along with the price of the products and delivery charges when the Client has the possibility and chooses to opt for mounting services. WARNING: • The Client may not exchange or be reimbursed for a product for which any type of discount has been applied. • The Client cannot take advantage of prices on the Site to ask for an alignment of the prices in the store and vice versa. • The products are billed according to the rate in effect on the Site at the time of the recording of the order by the Client. • Nüspace reserves the right to modify its prices at any given time, without prior notice, as long as the price displayed when the order is placed by the Client is not modified in any way.
ARTICLE 6 – TERMS OF PAYMENT
6.1 – Terms of payment through the Site All order are to be fully paid by the Client. The payment made online is carried out through the secure system, Payline. To carry out the payment of the order, the Client disposes of the following payment methods: • Credit card: Visa, MasterCard • With Paypal : PayPal is a secure payment method that allows the Client to quickly pay the order without sharing any bank details with vendor sites. The process simply involves having given them when creating a PayPal account. They are then encrypted and secured once and for all. If the Client already has a PayPal account, he or she can use it on the Site to quickly pay for the purchases and in full security. If the Client doesn’t have a PayPal account, he or she may still choose this payment method. At the time of paying for the order, the Client is directed to a PayPal webpage where he or she gives his or her bank details (and chooses whether to create a Paypal account or not). The debit will be made once the order confirmation is made. WARNING: Fight against fraud at the time of payment Nüspace reserve the right to ask the Client to confirm his or her identity, place of permanent address and payment method used. In case of failure of receipt of said information, Nüspace reserves the right to cancel any order. Nüspace reserves the right to refuse to honour any order in the case in which there is any existing litigation relating to the payment of a previous order. The communication from the Client’s part of his or her credit card number authorizes the account to be debited with the amount on the order. Any order placed with payment by credit card is only considered effective once the concerned payment centres have given their approval. Any transfer of information done by the Client operates in a secured context using the latest protocols on the internet. 6.1 – Method payment in a store All orders are payable by the Client on two different occasions: 50% as a deposit at the time of the order, and the other half is to be fully paid when the merchandise is delivered or when delivery is made at the desired address. In order to effectuate the payment of the deposit, the Client disposes of the following payment methods: • By cash payment • By credit card: Debit, Visa or MasterCard • By cheque emitted by a bank domiciled in Canada made payable to Nüspace and addressed to the attention of the accounting department of Nüspace, 4689 Rue St-Denis, Montreal Qc H2J 2L5 along with a copy of both sides of the ID of the cheque account’s holder. The cheque account’s holder must be the one that places an order (same name, surname and address). The order will be held for 72 hours as from the validation of the order and will only be confirmed when the check has been cashed. • By bank transfer to the account of Nüspace of which references will be provided when validating the order or by email. The cheque account’s holder must be the one that places an order (same name, surname and address). The order will be held for 72 hours as from the validation of the order and will only be confirmed when the bank transfer has been confirmed. The bank transfer will be effected at the confirmation of the order. The Client must pay the balance of sale when receiving the order in the store or before the delivery of the order: WARNING: Fight against fraud at the time of payment. Nüspace reserve the right to ask the Client to confirm his or her identity, place of permanent address and payment method used. In the case of failure of receipt of said information, Nüspace reserves the right to cancel any order. Nüspace reserves the right to refuse to honour any order in the case in which there is any existing litigation relating to the payment of a previous order. 6.2 – Payment incident Nüspace need not proceed the delivery of the products ordered by the Client if this one does not pay the total amount under the conditions indicated above. At the time of the debit of the order, in the case of incomplete, irregular or nonexistent payment for whatever reason it may be, or in the case of any payment incident, Nüspace reserves the right to suspend or cancel the delivery of the order in progress. In the case of late payment of sums owed by the Client, late payment penalties will be incurred at the current legal interest rate which will be rightfully applicable to the Client, after a formal demand has remained ineffective, without prejudice to damages and interests which may be claimed. In case of non-payment after a formal demand has remained ineffective, Nüspace reserves, until entire payment is made, the full rights of ownership of the ordered products and may exercise a claim before a competent judge.
ARTICLE 7 – AVAILABILITY OF PRODUCTS
7.1 – General: The products presented on the Site are only available within the limits of stocks available. Prior to any act of purchase, the Client is informed of the availability of the products. The client already acknowledges and accepts that Nüspace will do all that is possible to process and fulfil all orders that were validated. In the case in which delay of processing is necessary between when an order is placed and when its payment is made by the Client, the products may become unavailable during this delay. Assuming that, after the confirmation of the order is made by Nüspace, some products become completely or partially unavailable, Nüspace will inform the Client by email about this unavailability. In this context, the Client has the possibility: • to either wait until the product becomes available again, • to have delivered by Nüspace a product of the same quality and price, • or to be reimbursed of the order within a 30-day delay after the payment for the product has been made 7.2 – Product availability, operation “CURRENT PROMOTIONS” Nüspace is led to propose, via its “CURRENT PROMOTIONS” section, promotional operations. Generally, unless products are unavailable, the conditions described in article 7.1 above are applicable. Furthermore, when the operation is similar to an operation of destocking, Nüspace commits to keeping the Client informed and to indicate the availability of the products on the Site with the words “only within the limit of available stock” or ”until stock is depleted”. The Client has the possibility to order products solely within the limit of available stocks. In any case, the sale will be declared closed when the quantity of available products is depleted.
ARTICLE 8 – TERMS OF DELIVERY
Please be assured that we will always offer you the best delivery method at the best price, it’s guaranteed! 8.1 – Territories of delivery We deliver everywhere in Canada. We do not deliver outside of Canada, at Prince Edward Island, Newfoundland, Labrador, Yukon, the Northwest territories and Nuvavut. 8.2 – Shipping costs Free shipping Shopping carts totalling an amount higher than $1,000 are eligible for free shipping in Ontario and in Quebec. Free collection We will advise you by email when the order becomes available and you’ll be able to collect your merchandise free of charge in the store during opening hours. Standard parcel delivery by post Parcels of which weight and dimensions allow are delivered by a delivery company such as Poste Canada, UPS or Loomies. Your merchandise will be sent to the delivery address indicated in the order, from Monday to Friday, during normal office hours. You’ll receive a confirmation email from Nüspace and a tracking number will be provided. You’ll then be able to track your order directly on the delivery company’s website. Big delivery Big delivery by Nüspace is available everywhere in Ontario and in Quebec. This type of delivery is offered for products that cannot be collected at a store or sent by a delivery company. Delivery on appointment, from Monday to Friday between 08:00 to 18:00. Delivery milestones: A confirmation email upon receipt of order, An email within three to four business days to confirm the estimated delivery date, A phone call the day before the delivery date to make an appointment, A phone call on the delivery date to announce the arrival of our team within the next hour. A team of two persons with a truck with tailgate. Delivery of furniture inside the building (without assembly, nor levelling); Unpacking, disposal of debris and recycling of recyclable materials. In the case that the order is admissible for this type of delivery, you’ll see the “Big delivery” option come up after having entered your postal code at the place provided in the cart. 8.3 – Delivery schedules Nüspace commits to inform the Client of delivery schedules and to do as best as it can to deliver the products ordered within the schedule agreed. The delay for the delivery highly depend on the availability of the products. The delay for the delivery indicated are calculated in business days. The delay for the delivery starts only from the date the Client receives a confirmation email for the order. Should a delivery problem arise, Nüspace commits to do the best it can to keep the Client informed of an eventual lateness. Nüspace will not be able to take responsibility for a late delivery in the case of force majeur. 8.4 – Terms of delivery The delivery of the products is made at the address indicated by the Client at the time of placing the order. The delivery can be made by carrier. The delivery of the products (furniture and sofas) can be made in Canada. We do not deliver outside of Canada, at Prince Edward Island, at Newfoundland, at Labrador, of Yukon, the Northwest territories and Nuvavut. The delivery of the products is made at the residence of the Client in the room the Client chooses. The transporter from Nüspace will contact the Client by phone in order to establish a date and time slot for the delivery. In the case that the Client is absent the day of the delivery, the Client will have to contact the transporter the day before the delivery date, at the latest, in order to establish a new date. When establishing a date with the transporter from Nüspace, the Client will have to signalize every single difficulties of access that the transporter might encounter and measure the passageways of access to the Client’s residence. Any additional charges related to renting trucks, a delivery by aerial lift or hoisting will be at the Client’s cost and invoiced by the transporter in addition to the price of sale and delivery costs mentioned on the Site. The Client commits to being present the day of the delivery established with the transporter and to verify the conformity of the order upon reception. In the case that the Client is absent at the address indicated on the day of the delivery, or in the case that the Client made an error when indicating the delivery address, a new delivery cost will be charged to the Client. In addition, in the case that it is impossible to deliver due to difficulties of access that weren’t notified beforehand, a new delivery cost will be charged to the Client. The products delivered will be accompanied by a delivery slip. 8.5 – Good measures to take prior to validating the order. Prior to placing any order and to buying anything, the Client must ensure that each product will be deliverable without difficulty and check that the dimensions of the packages and products specified on the product information can adapt to the residence’s constraints (lift, stairs, corridors, doors, room of destination, etc…). The Client must thus take all useful measures for an easy delivery. In the case that any difficulties arise during the delivery of the products of which the Client is the sole responsible has the effect of charging the Client a new delivery fee. The delivery of the products does not include the assembly fee, which is billed in addition to the price of sale and delivery costs. Prior to proceeding to sign the delivery slip, the Client must: • Control the apparent state of the package(s) • Control the state of the products inside the package(s). • Control the conformity of the products on the delivery slip with the merchandise ordered. It is also the Client’s responsibility to proceed to make any verification necessary that allow the Client to judge the conformity of the products during the delivery. This verification is assumed to have been done once the Client has signed the delivery slip. In the case that anomalies are observed during the delivery, the Client must express any reservations, in details, in readable handwriting, as precise as possible (broken parts, damage, non-conformity: product error, different colour and/or dimensions; missing parts/products, etc...) and refuse the delivery of the package(s) by stating the reasons for the refusal. When the delivery is made by the transporter, the Client must express any reservations on the delivery slip. In addition, the Client also has the possibility to express any precise reservations concerning the products delivered in three days, at the latest, after the date of receiving or refusing the products. In that case that no precise reservations were expressed by the Client, the delivery will be assumed to be in compliance, as subject to the safeguards described in article 13 below.
ARTICLE 9 – ASSEMBLY
The assembly of the products may be done by either the Client/person of his or her choice, or by the service provider from Nüspace. In the event of bad assembly or deterioration of the products during the assembly when done by the Client/person of his or her choice, the resulting damage will not be taken into consideration, in accordance to the legal requirements by Nüspace which accepts no responsibility. Furthermore, the assembly may be done by the service provider from Nüspace. In this case, assembly fees will be applied at the time of placing the order in addition to the price of sale and delivery costs of the products.
ARTICLE 10 – RETENTION OF OWNERSHIP AND RISK TRANSFER
Nüspace retains the ownership of the products sold until full payment of the price is made (main and supplementary). Default in payments on the deadlines may lead to a reclaim of the products from Nüspace. These provisions do not preclude the transfer to the customer risk loss or damage of the products bought, from the time of the delivery, nor of protecting the goods from other damage.
ARTICLE 11 – PRODUCT INFORMATION
ARTICLE 12 – RIGHT OF CANCELLATION
12.1 – Terms for the right of cancellation The Client has a delay for cancellation of 14 calendar days starting from the date of the reception of the purchase order and/or the reception of the products. The Client may either cancel the order or return the products to Nüspace to have them exchanged or reimbursed. However, the costs of return, cancellation and restocking (10-20% depending on the case) will solely be at the Client’s cost. The right of cancellation, however, may not be exercised if the Client has proceeded in making a special order in the conditions described in article 4 above. In this context, no return of products will be accepted by Nüspace. 12.2 – Procedure for the return of products The Client must express his or her wish of exercising the right of cancellation by mail by attaching a copy of the corresponding invoice of the purchase as well as all documents stating the date of purchase and receipt (e.g. purchase order, delivery slip, etc…) in order that Nüspace may identify the order, to the following address:: NÜSPACE - Customer Service 4689 Rue St-Denis, Montréal Qc H2J 2L5 The after-sale service from Nüspace commits to contact the Client during the next 72 hours of its receipt to give details of the procedure for the return of products. The Client must place the entirety of the products in the package(s) and carefully prepare the return package(s). The Client must return the products in their original packages and in perfect state. The return will not be accepted unless the procedure for the return of products is respected by the Client. The Client will not be able to exercise his or her right of cancellation if the products returned are improper for usage for a new commercialization for reason, for example, of an observable deterioration. If the delivery was made by carrier, the Client may either return the products by his or hers own means during the next 14 days after having communicated his or her decision to cancel, or if the Client is unable to do so, Nüspace will make available, at the Client’s expense, a return service. In the event of a return of products by the Client who has exercised the right of cancellation conforming this article, the Client assumes the risks of transport. 12.3 – Exchange and reimbursements of products The Client who has exercised his right of cancellation has the choice to either ask for an exchange of product, or to be reimbursed. Exchange of products If the Client desires to exchange products, the return will only be accepted by Nüspace under the condition that the return procedure described in article 12.2 below is duly respected. Once the return is accepted by Nüspace, the Client’s request is taken care of Nüspace. The new products are then delivered to the Client within a reasonable delay depending on the availability of the products (within 2-3 weeks if the product is in stock and within 10-12 weeks if Nüspace must order it from the warehouses). In the case where the product the Client ordered is not available, Nüspace will inform this to the Client and will proceed to reimburse the order in the conditions written below. Reimbursement of products In the event that the right of cancellation is exercised, Nüspace commits to reimburse the Client within a delay of 14 days from the date this right is exercised, after having made all verification of the products. The method of reimbursement will be made in function of the choice of payment of the Client or by a purchase voucher to be used on the Site, extracting the cost of product return. Any product that may have been damaged or returned without the original package by the Client will not be reimbursed, or only partially reimbursed, at the discretion of Nüspace.
ARTICLE 13 – WARRANTY
After full payment of the order, the Client benefits of the legal warranty of conformity as well as the warranty against hidden defects. 13.1 – In the case of nonconformity Nüspace is required to deliver goods in conformity with the contract and is to answer to existing defects of conformity at the time of product delivery. The action resulting from the nonconformity is to be prescribed by 6 months to 1 year from the delivery date of the products for residential use and by 1 month for commercial use. According to the provisions in force, the Client may choose between the reparation and replacement of the products. In case of impossibility or of a manifestly disproportionate cost of the value of the products, Nüspace is under no obligation to proceed with the procedure chosen by the Client. However, the Client may only return the product and have the cost substituted or keep the product and be reimbursed for a part of the product when the following conditions are fulfilled: • The solution asked, proposed or agreed (reparation or replacement) cannot be put into practice within the month following the Client’s claim, • Or if this solution cannot cause a major inconvenience for the Client given the nature of the product and the use he or she wishes to give it. Reimbursement of products cannot occur if the nonconformity is minor. 13.2 – In the case of hidden defect Nüspace is required to have a warranty for its products against hidden defects that render them unfit for the use for which it was intended. The action resulting from the hidden defects must be brought by the buyer within the delay of one year from the discovery of the defect. Conforming the provisions in force, the Client may choose between the reparation and replacement of the products, or keep the product and be reimbursed for a part of the price. Nüspace may also offer the Client the replacement of the products. 13.3 – Warranty claim To call on the legal warranty, the Client must let Nüspace know of the defect as soon as it appears, fill out the form that will be provided and send it with photos to the Web Customer Service to the following address: firstname.lastname@example.org Calling on this legal warranty supposes, in advance, that the conditions of product return described in article 12.2 below are met. The cost of product return are charged to Nüspace. In the event where the Client chooses a replacement of products in the frame of this legal warranty, the cost of product return are charged to Nüspace.
ARTICLE 14 – CLAIMS AND RESPONSIBILITIES
The Client is required to verify the completeness and veracity of the information he or she provides to Nüspace when placing the order and, particularly, the delivery address. The Client is responsible for the information he or she has provided at the time of registration and order. Nüspace cannot be held responsible of eventual input errors that may cause a delivery to the wrong address. If the delivery address turns out to be wrong, or if the Client decides to change the delivery address after the shipment of the products by Nüspace, the cost of a new delivery will be charged to the Client. The choice and the purchase of the products are solely the Client’s responsibilities. Consequently, total or partial impossibility of using the products, particularly because of incompatibility of the product, cannot lead to any compensation, reimbursement or accusation of Nüspace whatsoever, except in the case of a hidden defect, a nonconformity or irregularity. Nüspace cannot be held responsible for damages resulting improper use of the products made by the Client or in the case of unforeseeable circumstances or force majeure. Are considered as cases of unforeseeable circumstances or force majeure exonerating from liability any facts or circumstances that are exceptional, unforeseeable and beyond the control of Nüspace, such as strikes of transporters and natural disasters, such as heavy snowfall, inundation or conflagration The products sold on the Site and in store are destined for residential use. They cannot be used for commercial use, unless stated otherwise. And, in this case, Nüspace cannot be held responsible for any damage caused.
ARTICLE 15 – THE LAW ON INFORMATION TECHNOLOGY, DATA AND FREEDOMS
Nüspace proceeds in the Client’s personal data collection for order processing purposes, billing by Nüspace and for the identification of the Client. “Personal data" refers to the information concerning the Client as a physical person given voluntarily by the Client. Personal data comprises data allowing the identification of the person (such as the name, surname, address, etc…). Nüspace protects the Client’s personal life by respecting the legislation in force. The Client has a right of access to and rectification of the information concerning him or her, as well as the right to object to his or her data being processed. To exercise this right, the Client can either fill out a form at his or her disposal by Nüspace, or can send an email to the following address: email@example.com. Moreover, the information given on the Site also allows Nüspace to transmit the Client, with his or her consent, newsletters informing him or her of current commercial operations, organized events by Nüspace and to follow its latest news. Nevertheless, the Client still has the possibility to refuse such newsletters, either by not giving consent during the registration and/or order validation, or by freely opposing the usage of his or coordination to send commercial offers. The Client can formulate the request by clicking on the unsubscribe link found in every electronic message.
ARTICLE 16 – INTELLECTUAL PROPERTY
The content of the Site (texts, logos, graphic and/or sound images, etc.) and operational tools of the store (procedures, catalogues, electronic files, etc...) are the property of Nüspace and its partners, and are protected by Canadian and international law on intellectual property. The content may not be copied, reproduced or recorded in any way unless with prior written authorization from Nüspace. Any full or partial reproduction of this content is strictly prohibited and is susceptible of constituting as counterfeit. Nüspace is the owner of the rights of intellectual property in terms of copyright, drawings and designs, or other rights of similar nature. Moreover, the Client may access the content of the database and any other element of the Site and display them only to make a non commercial and private use of them.
ARTICLE 17 – SEVERABILITY CLAUSES
The fact that any of the clauses of these general terms of sale becomes nullified, void, obsolete, illegal or inapplicable as a result of a law, regulation or following a final decision of a competent court, will not impair the validity, legality and applicability of the other stipulations in these general terms of sale which will remain in effect. The Client will remain liable to execute his or her contractual duties and will not, on this basis, avail of some kind of exoneration of responsibility. Article 18 – Language and applicable Law These general terms of sale are constructed in the French language. In the case where they are translated in one or more languages, only the French text will be the authoritative text in the event of a dispute. These general terms of sale are subject to Canadian law. The parties will look for, before any dispute, a mutual agreement. In the absence of a mutual agreement, any dispute related to the formation, execution, interpretation and termination to which the general terms of sale could lead to, even in the case of recourse to a warranty or the existence of multiple defendants, is solely under the jurisdiction of the Canadian courts.