Terms of Use

Last updated: November 17, 2020

TERMS OF USE

Last updated: November 17, 2020

ACCEPTANCE OF TERMS

Please read these terms and conditions (this “Agreement” or these “Terms”) carefully. By navigating this website (the “Website”), the User agrees to be bound by the terms of this Agreement.

These Terms constitute an agreement, which includes the privacy policy (“Privacy Policy”), by and between Beau Joe Creations inc., a corporation whose principal place of business is in Montreal (Canada) (“The Beau Joe”, “we” or “us”) and any user, corporation, partnership, sole proprietorship or other business entity executing this Agreement, and all or any employee, contractor, agent or affiliate of such business entity (together the “User”, “Users” or “you”) that uses or accesses the Services (defined hereinafter). The Beau Joe reserves the right to update and change these Terms of Use at any time without prior notice by posting updates and changes to the Website, which will take effect on the moment of publication or any other moment indicated.

You are advised to check the Terms of Use from time to time for changes and updates that may impact you. Any use of the Services after such updates and changes will mean that you accept them. You can always review the last updated version of the Terms at thebeaujoe.com. Please also review from time to time our Privacy Policy at thebeaujoe.com/privacy.

SERVICES

The Beau Joe offers, through its transactional website, a selection of baby, children, women or maternity clothing and accessories, house items, as well as other website features (the “Services”).

The information provided by you through the Services is protected by our Privacy Policy which you can view at thebeaujoe.com.

Any new services, features, or tools which are added to the current Services shall be also subject to the Terms of Use. You can review the current version of the Terms of Use at any time at thebeaujoe.com.

You must be over 18 years of age in order to access and use the Services and to enter into this Agreement. By navigating the Website and using the Services you warrant that you are over 18 years of age.

TERM

This Agreement will remain in full force and effect while you use the Services and/or have a The Beau Joe account (the “Term”). You may terminate your account at any time, for any reason, by following the instructions in the account management page or contacting us. The Beau Joe may terminate or suspend your account at any time, without notice and in its sole discretion if we believe that you have breached this Agreement. After your account is terminated, this Agreement will terminate, except for the provisions of the sections labelled “Intellectual Property”, “No Liability”, “No Warranty”, “Indemnity”, “Severability, Force Majeure, Entire Agreement and Headings”, “Representations and Warranties”, and “Governing Law”.

CANCELLATION

You may cancel your account at any time by selecting the option through your account management page or by contacting us. After cancelling your account, this Agreement will terminate, except for your obligations towards The Beau Joe under this Agreement or any other agreement, and the provisions of the sections labelled “Intellectual Property”, “No Liability”, “No Warranty”, “Indemnity”, “Severability, Force Majeure, Entire Agreement and Headings”, “Representations and Warranties”, and “Governing Law”.

ORDERS AND PAYMENT

These Terms apply to all orders received by The Beau Joe through the Website, and User agrees to be bound by those Terms for all orders placed using his or her account. The Beau Joe accepts payments made with all major credit cards and Paypal. User will receive a confirmation email for each order placed, which shall be proof of the final validation of the order and payment. The Beau Joe may at any time interrupt or cancel an order or delivery in the event of a refusal of authorization of payment or for any other discretionary reason.

It is the User’s responsibility to ensure the accuracy of any billing and delivery information provided. The Beau Joe cannot under any circumstance be held responsible for any typographical errors resulting in delays or errors in delivery. You may be required to provide identification before your order is shipped.

PRICE AND PROMOTIONS

We will honor promotions on out of stock items if the User sends a request to that effect by contacting us before the end of the promotion. The discount will be issued in the form of a store credit of the discount amount, taxes excluded.

All prices are displayed in CAD and exclude applicable taxes and shipping charges. All prices are charged in CAD at checkout. The Beau Joe reserves the right to change any price without prior notice, as well as to discontinue certain items or to modify or revoke certain offers. The Beau Joe does not guarantee the availability of the items displayed on the Website. Images and descriptions appearing on the Website are only for informational purposes. The Beau Joe reserves the right to cancel or refuse a transaction if a typographical error or any other error is made in the price or description of an item.

All Canadian customers will have to pay the sales tax applicable to their province. Customers outside of Canada will not be charged sales tax but remain responsible for the duties and customs applicable to their country upon receipt of the parcel.

DELIVERY

Unless otherwise agreed in writing, delivery shall be made in accordance with Seller's shipping policy in effect on the date of shipment. Delivery dates provided by Seller are estimates only. Seller will make reasonable efforts to deliver in accordance with such dates; however, Seller will not be liable for failure to deliver as estimated. Unless otherwise agreed in writing by Seller, Goods shall be packaged according to Seller's standards and practices.

SHIPPING

The Beau Joe ships worldwide with Canada Post, USPS, and various courier services. Tracking numbers will be provided for shipments whenever possible. Any additional costs or customs fees occurring from shipments (both domestic or international) are not the responsibility of Art of Where. International orders under $100 do not have tracking.

Please contact your local post office if you are unsure of the customs, duties, or expected transit times for your country.

The Beau Joe allows our customers to request alternative and express shipping methods such as UPS or DHL at an additional cost. Please contact us if you would like to use an upgraded shipping method for your order and we will arrange it if possible.

Shipments delayed by the shipping service are beyond our control and personal costs resulting from delayed shipments are not the responsibility of The Beau Joe. We commit to shipping your order in a timely manner, doing our best to respect our estimated production times. Occasionally, an order takes longer than predicted due to various reasons including reprints, low inventory, out of stock fabric or technical issues. We will try to contact you if there is a severe delay on your order.

RETURN AND EXCHANGE POLICY

All printed products are non-refundable including artist store items, drop shipped products and custom designed items.

All issues will be evaluated on a case by case basis using the information provided.

LICENCE

During the Term, The Beau Joe grants Users a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Services on the terms set forth in this Agreement. User agrees that all rights, title and interest in and to all the intellectual property rights in the Services, and all modifications, extensions, scripts and other derivative works of the Services provided or developed by The Beau Joe are owned exclusively by The Beau Joe or its licensors. All rights not granted to User in this Agreement are reserved by The Beau Joe.  

LICENCE RESTRICTIONS

User shall not (i) decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming or interoperability interfaces of or used by the Services, by any means whatsoever; (ii) distribute viruses or other harmful or malicious computer code via or into the Services; (iii) engage in any conduct that disrupts or impedes a third party’s use and enjoyment of the Services; (iv) remove any product identification, copyright or other notices from the Services; (v) sell, lease, lend, assign, sublicense, grant access or otherwise transfer or disclose the Services in whole or in part, to any third party; (vi) use the Services for timesharing, service bureau or hosting purposes or otherwise use, resell, sublicense, distribute or transfer or allow others to use the Services to or for the benefit of third parties; (vii) modify or incorporate into or with other software or create a derivative work of any part of the Services; (viii) use the output or other information generated by the Services for any purpose other than as contemplated by this Agreement; (ix) use the Services for any use other than User’s personal use; (x) use unauthorized modified versions of the Services, including without limitation, for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Services; or (xi) use the Services in any way that is contrary to applicable local, state/provincial, federal and foreign laws, including without limitation those relating to privacy, electronic communications and anti-spam legislation. The Beau Joe retains all title to, and, except as expressly licensed herein, all rights to the Services, all copies, derivatives and improvements thereof and all related documentation and materials.

INTELLECTUAL PROPERTY

The Services contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Services are copyrighted as a collective work under copyright laws. The Beau Joe owns a copyright or displays copyrighted material on exclusive authorization provided by a third party in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of The Beau Joe and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. No license or right of use with regards to intellectual property is conferred or can be inferred from the use of the Website in favor of Users.

CONTENT

The Services may allow you to submit, post, display or upload content including but not limited to text, files, photos and other materials (together the “Content”). You retain ownership of your Content, but by uploading or entering it onto the Website, you are granting us a license to use, copy, reproduce, process, adapt, publish, transmit, host and display that Content for the purpose of (i) providing you the Services and associated support; (ii) analyzing and improving the operation of the Services; and (iii) promotion and advertisement.

Behavior which is violent, harmful, abusive and disruptive will not be tolerated and will result in immediate termination of this Agreement and termination of your account. You may not post, upload, publish, submit or transmit any content which:

·         discriminates against or harasses anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation;

·         is violent or threatening or promotes violence or actions that are threatening to any other person or animal;

·         is defamatory, obscene, pornographic, vulgar or offensive;

·         is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive.

We reserve the right to remove Content on the Website that The Beau Joe, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. The Agreement with a User who violates the provisions of this section shall be immediately terminated and their account disabled.

CONFIDENTIAL INFORMATION

The Beau Joe and User shall each retain in confidence all information received from the other party pursuant to or in connection with this Agreement that the disclosing party identifies as being proprietary and/or confidential or that, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as proprietary and/or confidential ("Confidential Information"), and will make no use of such Confidential Information except as necessary to fulfill their respective obligations under the terms and during the term of this Agreement. The Beau Joe may collect some Confidential Information from User which includes, without limitation, their name, phone number, email address and postal address. Either party may disclose such information in confidence to its immediate legal and financial consultants as required in the ordinary course of that party's business. The restrictions set forth above will not apply to (i) information previously known to the receiving party without reference to the disclosing party's Confidential Information, (ii) information which is or becomes publicly known through no wrongful act of the receiving party, (iii) information that is independently developed by either of the parties, or (iv) information required to be disclosed pursuant to applicable law.

TERMINATION & SUSPENSION

In the event of breach of this Agreement by User, The Beau Joe may terminate this Agreement by giving User written notice specifying the nature of the breach in reasonable detail and The Beau Joe’s intention to terminate (a "Termination Notice"). If the breach has not been cured within the period ending thirty (30) days following delivery of the Termination Notice, then this Agreement shall automatically terminate. If User is in breach of any of the provisions of this Agreement under the sections labelled “Licence”, “Your Content” or “Confidential Information”, then The Beau Joe may immediately suspend or terminate User's use of the Services.

The Beau Joe may also suspend User’s access to the Services immediately without notice if The Beau Joe, in its sole discretion, believes: (1) such suspension is required by law; or (2) there is a security or privacy risk to User. Any suspension of User’s access to the Services will not limit or waive The Beau Joe’s rights to terminate this Agreement or User’s access to the Services.

Upon termination of this Agreement, User shall discontinue its use of the Services. Notwithstanding the previous sentence, termination of this Agreement by The Beau Joe shall not restrict The Beau Joe from pursuing any other remedies available to it, including injunctive relief.

User agrees that following termination of User’s account and/or use of the Services, The Beau Joe may immediately deactivate User’s account and delete User data. User further agrees that The Beau Joe shall not be liable to User nor to any third party for any termination of User access to the Services or deletion of User data.

PRIVACY POLICY

The Beau Joe uses and protects User information, including information transmitted via the Services, in its privacy policy available at thebeaujoe.com/privacy and hereby incorporated by reference.

THIRD PARTY SERVICES

The Beau Joe may from time to time recommend, provide you with access to, or enable third party software, applications, products, services or website links (collectively, “Third Party Services”) for your consideration or use. Such Third Party Services are made available only as a convenience, and purchase, access, or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). Any use by you of Third Party Services offered through the Services or the Website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. Under no circumstances shall we be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider. These limitations shall apply even if The Beau Joe has been advised of the possibility of such damages.

NO WARRANTY

The Beau Joe works to keep the Website bug-free and safe but the User agrees to use the Services at User’s own risk. The Beau Joe is providing the Services “as is” and “as available” without any representations and warranties, express, implied or statutory, not expressly set out in these Terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, neither The Beau Joe, its affiliates nor any of their respective employees, agents, third party content providers or licensors make any representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Website or any services or goods requested through the use of the Website, or that the Website will be uninterrupted or error-free.

NO LIABILITY

The Beau Joe will not be liable for any damages that may be caused by technical, technological or human error, problem, malfunction, defect of the network, online computer systems, servers, computer equipment, software, data transmission or congestion of the Website.

In no event shall The Beau Joe or its respective suppliers or affiliates be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, or any damages or loss arising from the Services provided, whether in an action of contract, negligence or other civil liability action, arising out of or in connection with the use of the Services except in the case of intentional or gross fault.

INDEMNITY

User agrees to defend, indemnify and hold harmless The Beau Joe, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including without limitation, reasonable attorneys' fees (collectively the “Costs”), to the extent that such Costs are attributable to any breach by User, of any representations, warranties, or other obligations set forth in this Agreement or the Privacy Policy or arising out of the use of the Services by User. 

GOVERNING LAW

These Terms of Service shall be construed in accordance with the laws applicable in the province of Quebec, Canada, without regard to its conflict of laws rules. User hereby agrees, for any dispute or controversy arising under or in connection with this Agreement or resulting from the Services or Corporation’s website shall be settled exclusively by the courts of the judicial district of Montreal.

SEVERABILITY, FORCE MAJEURE, ENTIRE AGREEMENT AND HEADINGS

If one or more of the provisions of this Agreement is held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, then the validity, legality and enforceability of the remaining provisions of this Agreement shall be unaffected. Neither party shall be deemed in default or otherwise liable for any delay in or failure of its performance under this Agreement (other than payment obligations) by reason of any act of God, fire, natural disaster, accident, act of government, shortage of materials or supplies, failure of transportation or communication or of suppliers of goods or services, or any other cause to the extent it is beyond the reasonable control of such party. This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written, electronic or oral communications, representations, agreements or understandings between the parties with respect thereto. The headings in this Agreement have been inserted solely for ease of reference and shall not modify, in any manner whatsoever, the meaning or scope of the provisions hereof.

REPRESENTATIONS AND WARRANTIES

User represents and warrants that currently and throughout the Term (i) it is fully authorized to enter into this Agreement and that User is fully authorized to use the Services; and (ii) User is and will remain in compliance with all applicable laws and regulations with respect to its activities related to this Agreement, including but not limited to privacy laws. User agrees to comply with all of The Beau Joe’s policies and all laws, rules and regulations relating to the use of the Services. Any violation of this section may result in loss of features, up to and including termination of User’s account. User will indemnify The Beau Joe for any costs, fines or damages incurred by The Beau Joe due to User's failure to comply with this section.

LANGUAGE

The parties hereto have expressly required that this Agreement be drafted in English. Les parties aux présentes ont expressément exigé que la présente entente soit rédigée en anglais.