Terms and conditions of sale

Effective date: September 21, 2023.

Ca.nuxe.com (the " Website "or the " Site ") is operated by Prestilux inc. with the authorization of Groupe Nuxe located at 127 rue d'Aguesseau, 92100 Boulogne Billancourt, France. These general terms and conditions of sale (the " Conditions ") constitute an agreement between Prestilux inc. having a place of business at 3537 boul. Le Corbusier, Laval (Quebec), H7L 4Z4, Canada, on its behalf and on behalf of its parent company and each of its affiliates, if any (collectively, " Prestilux ", " we ", " our "and our ") and you.

PLEASE READ THESE CONDITIONS CAREFULLY. BY VISITING, USING AND/OR PURCHASING A PRODUCT FROM THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, IN WHOLE OR IN PART, DO NOT USE THIS WEBSITE OR PURCHASE ANY PRODUCTS THROUGH THIS WEBSITE.

USE OF THE WEBSITE

1. Website access. This Website is intended solely for Canadian consumers 16 years of age and older. By using this Website, you represent and warrant that you are of legal age to enter into a purchase agreement through the Website and to be bound by the Terms.
   
   
2. Features. The Website allows you to view product offerings, purchase certain products, share your impressions of products and view other users' comments on products they have purchased. We may also offer new services and/or features through the Website (including the publication of new tools and resources); these new services and/or features will then be subject to these Terms.
   
   
3. Accuracy of information. We use commercially reasonable efforts to ensure that the information available on our Web Site is accurate and up-to-date. However, some information may contain typographical errors, inaccuracies or minor omissions. In such cases, and to the extent permitted by law, we reserve the right to correct any such minor errors, inaccuracies or omissions on our Site without affecting any orders placed or pending.
   
   
4. Privacy policy. Any collection and use of your personal information via the Website is governed by our Privacy and Cookie Policy, which forms an integral part of these Terms. In the event of any conflict between the terms of the Terms and those of the Privacy and Cookie Policy with respect to the collection and use of your personal information, the terms of the Privacy and Cookie Policy shall prevail.
   
   
5. Information security. You acknowledge and agree that content you submit via the Website may be transferred unencrypted to various networks; such transfer may involve modifications to conform and adapt to technical requirements of networks or connecting devices. However, your personal information remains protected in accordance with our Privacy Policy, and credit card information is always encrypted, including during any transfer over networks.
   
   
6. Restrictions. You may not, under any circumstances, directly or indirectly: (i) use our Web Site, its components or our products for any illegal or unauthorized purpose; (ii) violate any applicable laws, including, without limitation, applicable intellectual property laws; (iii) copy, modify or create derivative works from the Web Site or its components; (iv) use the Web Site, its components or products for purposes other than those strictly provided for in these Terms; (v) transmit via the Web Site spam or any other unsolicited content; (vi) collect, extract or harvest, or attempt to do so, any personal information of any third party from the Web Site; (vii) impersonate any person or misrepresent your affiliation with a person or entity, commit fraud, conceal or attempt to conceal your identity, or solicit others to commit or participate in illegal acts; (vii) interfere with the proper working of the Web Site; (ix) access any content of the Website through any technology or means other than those provided or authorized by the Website; (x) circumvent the Website's security measures; (xi) modify, disassemble, decompile, reverse engineer or adapt the Website.
   
   
7. Investigation and prosecution. Prestilux reserves the right (but not the obligation) to investigate any actual or potential breach of these Terms and to take appropriate action to bring such breach to an end. In the event of a breach of these Terms, Prestilux reserves the right to deny you access to the Website in addition to any other remedies Prestilux may have under applicable law.

ACCOUNT CREATION

1. Account creation. Access to certain aspects of the Website may require the creation of a user account. When paying for your order, you will also be able to connect via your accounts with payment providers (Shop Pay). If you choose to register and create an account on the Website, you will be required to provide us with certain information, which must be complete, current and accurate, and you must keep this information up to date to ensure its accuracy at all times. You will also be required to choose a unique username and a secure password.
   
   
2. Responsibility for your account. You are entirely responsible for maintaining and preserving the confidentiality of your account and password. Without limiting the generality of the foregoing, you are entirely responsible for all activities that occur under your account. You agree to immediately notify Prestilux of any unauthorized use of your account or any other breach of security.
   
   
3. Bans. You may not create an account for another person without their prior authorization, nor may you create fraudulent accounts. You may not use another person's account, except with the authorization of the account holder as a duly authorized agent.
   
   
4. Account security. Although we use commercially reasonable security measures to protect your personal information, we cannot guarantee that unauthorized third parties will never be able to breach the Website's security measures or make improper use of your personal information.
   
   
5. Deleting your account. Prestilux reserves the right to delete any account that has been inactive for more than one (1) year or at the request of its owner.

INTELLECTUAL PROPERTY

1. Ownership of Web Site and its Components. The Web Site and its components are, as between the parties, the exclusive property of Prestilux and, unless expressly stated otherwise in the Terms, nothing contained herein shall be construed as conferring upon you any right, title or interest in or to the Web Site and/or its components. Without limiting the generality of the foregoing, the trademarks, trade names, logos, text, images, information and descriptions displayed on the Website are the exclusive property of Prestilux or its licensors. You may only use the Website and its components for your personal, private and non-commercial use. No other use of the Website or its components is permitted.
   
   
2. Your content. As between us, you retain ownership of any text or other material that you post on or communicate through the Website or that you provide to Prestilux hereunder (collectively, the "Content"). Content "). By submitting Content via the Web Site, you grant Prestilux a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable license to reproduce, publish, modify and generally use the Content in connection with the Web Site and our products. You also agree to complete and sign any documents that Prestilux may reasonably require in order to give full effect to this provision. At all times when providing Content hereunder, in addition to the other prohibitions set forth in the Terms, you agree not to make any statement that could be considered, in Prestilux's sole and absolute discretion, to be: (i) harassing, abusive, insulting, racist, hateful, homophobic, sexist, immoral (or any use of discriminatory language), or intended to harm, defame, slander, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (ii) contains vulgar, obscene or abusive language; or (iii) discloses the personal or confidential information of others. You acknowledge and agree that you are solely responsible for any Content you provide hereunder. Accordingly, you represent and warrant to Prestilux that: (y) you are the sole and exclusive owner of the Content, or that you have all the rights, licenses, authorizations, consents and releases to grant Prestilux the rights to such Content; and (z) neither the Content, nor its reproduction, publication, modification and generally its use by Prestilux violate or will violate the rights of third parties, including intellectual property rights and the right of publicity, or any law or regulation, Canadian or foreign. You acknowledge and agree that Prestilux has no obligation to review any Content posted on the Website, but has the right to do so, in order to ensure compliance with these Terms, applicable laws, court orders, government standards or any other applicable requirements.
   
   
3. Third-party content. Through the Website, you may use and/or access content provided by third parties. Prestilux cannot guarantee that such content will be free of any material or information that you may find objectionable. Prestilux disclaims all liability related to any such content.
   
   
4. Complaint. If you believe that any Content violates any of the provisions of this Section 3, Prestilux invites you to file a complaint, which will be handled confidentially, by contacting us at the address listed in the "Contact Us" section below.

ORDERS

1. Product availability. Some products may be available in limited quantities. We reserve the right to limit the quantities of any product we offer, but in such cases, we will notify you appropriately if we do not have a product in sufficient quantity to meet public demand.
   
   
2. Controls. To purchase products, you must complete the order form provided on the Website. At any time prior to the completion of the transaction, you will have the right to accept, correct or refuse your order. Once the order has been completed, a payment receipt will be e-mailed to you along with the order confirmation. Thereafter, you may cancel your order only to the extent permitted by law and these terms and conditions.

PRICES; PAYMENT TERMS

1. Prices and taxes. The selling price is the one displayed in the summary of your order. Unless otherwise indicated, the product prices shown on the Website do not include applicable federal or provincial sales taxes. Applicable taxes will be indicated separately in your order summary.
   
   
2. Terms of payment. Prestilux will require full payment for products ordered upon acceptance of your order summary. To make your payment, you will be redirected to the external transactional platform Shopify. You will be subject to the terms of use of this external transactional platform. Prestilux only accepts credit card payments in accordance with the terms and conditions required by the Shopify external transaction platform.
   
   
3. Promotional offers. To the extent that a product offered on our Web Site is the subject of a promotional offer, it will be subject to the terms and conditions of that offer, including any limitations on its use.
   
   
4. Currency. Unless otherwise indicated on the Website, all prices displayed on the Website are in Canadian dollars.
   
   
5. Pricing error. While we strive to ensure the accuracy of all prices on the Website, errors may occur. If we discover an error in the price of the products you have ordered after you have placed your order, we will notify you as soon as possible and give you the choice of confirming your order at the correct price or cancelling it. If we are unable to contact you after ten (10) working days, we will cancel your order and refund all charges paid in respect of any order so cancelled.

DELIVERY

1. Delivery. Products ordered will be delivered according to the delivery method and location indicated in your order confirmation. It is important to note that Prestilux's third-party carrier, ICS Courier, can only deliver to a physical address and not to P.O. Boxes. Once your order has been confirmed, you will receive a shipping confirmation with a tracking number. All delivery times are estimates only. If you have not received your order within ten (10) days of receiving the shipping confirmation, please contact ICS Courier for further information on the status of your order. You will also have the option of choosing other third-party carriers such as Canada Post or Fedex for an additional fee, which will be indicated prior to your transaction.
   
   
2. Risk and title. You will assume the risks relating to the products ordered as from their delivery. Ownership of the products will not pass to you until we have received payment in full for the products, including delivery charges.
   
   
3. Cancellation. You shall have the right, at any time and without charge prior to delivery of your product, to cancel the order if you have not received it within thirty (30) days following the date indicated on your order confirmation or the date of confirmation of shipment, if the order confirmation does not indicate a delivery date.
   
   

RETURN, EXCHANGE AND REFUND POLICY

In the event of an error on the part of Prestilux or a problem concerning the quality of a product, please write to us at [email protected] within seven (7) days of receiving the product(s) and explain the defect(s). Please provide our customer service team with photographs of the products to which your claim relates, as well as a copy of the packing slip and any other documents enclosed with your delivery. To the extent that your request relates to an error on the part of Prestilux or a defective product, Prestilux will send you a replacement product within a reasonable period of time following receipt of your e-mail under this paragraph. With the exception of the replacement procedure set forth in this section, Prestilux will not accept any product returns and will not exchange or refund any product.

ADVERTISING CONTESTS

You may have the opportunity to participate in contests or promotions (collectively, the "Contests"). contests Contests") offered on the Web Site. Such Contests will be subject to the terms and conditions applicable thereto, which may be available on the Website. Failure to comply with the terms and conditions of participation in a Contest may result in disqualification from the Contest and/or suspension or deletion of the entrant's account on this Website.

HYPERLINKS AND THIRD-PARTY CONTENT

1. Hyperlinks. Certain content, products and services available through our Website may include hyperlinks to third-party websites that are not affiliated with us (collectively, the "External Sites"). External Sites "). You acknowledge and agree that Prestilux is not responsible for the availability of such External Sites, nor for the accuracy of the content, products or services available on such External Sites. Hyperlinks to External Sites do not imply that Prestilux approves or endorses such External Sites. You acknowledge and agree that you assume all risks arising from your use of External Sites. By using the Web Site, you expressly release Prestilux from any liability arising from your use of any External Site.
   
   
2. Third-party content. We may provide you with access to third-party tools over which we have no control or influence. You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis without any warranties, representations or conditions of any kind and without any endorsement. You acknowledge and agree that you assume all risks arising from your use of such third-party tools. By using the Website, you expressly release Prestilux from any and all liability arising from your use of any third-party tools.

LIMIT OF LIABILITY

IN NO EVENT SHALL PRESTILUX BE LIABLE TO YOU FOR ANY INTERRUPTION, SUSPENSION OR INABILITY TO ACCESS THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, OUTAGES, NETWORK PROBLEMS, FORCE MAJEURE OR EVENTS BEYOND OUR CONTROL, OR FOR ANY DAMAGES RESULTING THEREFROM. PRESTILUX MAY, AT ANY TIME AND WITHOUT NOTICE, TEMPORARILY INTERRUPT ACCESS TO THE WEBSITE FOR MAINTENANCE PURPOSES IN ORDER TO ENSURE ITS PROPER OPERATION, WITHOUT HAVING TO GRANT ANY COMPENSATION. FURTHERMORE, TO THE FULLEST EXTENT PERMITTED BY LAW, PRESTILUX SHALL IN NO EVENT BE LIABLE FOR ANY LOSS OR DAMAGE WHATSOEVER TO YOUR COMPUTER SYSTEM, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, TRANSMISSION OF VIRUSES, ATTEMPTED INTRUSIONS OR HACKING OF DATA, FILES OR PROGRAMS CONTAINED THEREIN, TO THE EXTENT THAT SUCH LOSS OR DAMAGE DOES NOT RESULT FROM ANY FAULT OF PRESTILUX OR BREACH OF ITS OBLIGATIONS HEREUNDER.

GENERAL

1. Integral agreement; amendments. These Terms, including the Privacy and Cookie Policy, constitute our entire agreement with respect to your use of the Website, including the purchase of products through the Website, and supersede all prior agreements, understandings, representations and arrangements, whether oral or written. We reserve the right to revise and amend these Terms at any time; you will be subject to the terms and conditions in effect at the time you order our products, unless a change in these terms is required by law or applicable regulatory authority, in which case the change will apply at the time required by law or applicable regulatory authority.
   
   
2. Opinion. We may provide you with any required legal notices (including service of process) by any lawful method, including posting notices on the Website or sending notices to any email address you provide when setting up your account on the Website or that you provide during any other interaction with us or the Website. You agree to send us notices by mailing them to Prestilux, 3537 boul. Le Corbusier, Laval (Quebec), H7L 4Z4, Canada.
   
   
3. Waiver; Severability. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If a court having jurisdiction determines that any provision of the Terms, in whole or in part, is void, invalid, illegal or unenforceable, such determination shall not affect the remaining provisions of the Terms, each of which provisions shall be separate and severable.
   
   
4. Survival of Provisions. Provisions which by their nature should survive the expiration or termination of these Terms shall survive such expiration or termination.
   
   
5. Transfer. You may not assign or transfer these Terms or any rights or obligations hereunder.
   
   

Force majeure. With the exception of obligations relating to payment, each party will be released from its obligations to the extent and for the period that it is unable or prevented from performing said obligations by circumstances beyond its control and will not be liable to the other party for any damages suffered.

CONTACT US

Prestilux welcomes your comments and questions, which can be sent to [email protected]..