Article 1. Definitions and applicability

1.1              These General Conditions of Sale (hereafter: Conditions) apply to all offers, orders, and agreements of X-eau Canada unless X-eau Canada agrees to other conditions in writing. The customer cannot derive any rights with regard to future transactions from possible agreed deviations.

1.2              Accepting an offer or placing an order means that you accept the applicability of these conditions.

1.3              There may be only written deviations from what is decided in these conditions, in which case the other provisions will remain in force.

 

Article 2. Offers/agreements

2.1              All offers from X-eau Canada are without obligations and X-eau Canada explicitly reserves the right to change the prices, in particular when that is necessary on the basis of (legal) requirements.

2.2              An agreement is only formed after the acceptance of your order by X-eau Canada. X-eau Canada is entitled to refuse orders or to impose certain conditions on the delivery unless explicitly decided otherwise. If an order is not accepted, X-eau Canada will communicate this within two (2) working days of receiving the order.

 

Article 3. Prices and payments

3.1 The listed prices for the products and services offered are in Canadian Dollars inclusive of GST and PST.

3.2 We charge costs for transportation within Canada.

3.3 After you placed an order,  you will immediately receive a confirmation via email with the total costs. Payment is always completely in advance by Paypal directly and online, or afterward by bank transfer, but after authorization of the payment intermediary. There will be no extra costs for online payments.

 

Article 4. Delivery

4.1              We will ship all deliveries within Canada within 3 working days maximum after receipt of the payment, via Canada Post to the delivery address indicated with the order. Should we deviate from this for certain reasons, you will be notified via email; however, an order will in principle always be shipped within 5 working days of receipt of the payment.

4.2              Exceeding the delivery terms agreed does not give the customer a right to compensation, termination of the agreement, or not meeting any obligation arising from this or any other concomitant agreement.

4.3              The product must be delivered to the customer at the latest 30 days after ordering. If does not happen, the customer can immediately withdraw the purchase. This does not apply if the parties have agreed on another delivery term.

4.4              Delivery in parts is allowed.

4.5              We will do our best to keep the website up to date. However, it may nevertheless occur that a product can no longer be delivered. In this case, we will contact you as soon as possible.

 

Article 5. Claims and returns

5.1              We will do our utmost to deliver a perfect product. Should the item you ordered nevertheless not meet your expectations, you will be able to return it within 14 calendar days of receiving the order. If within this term no written claims have been received by X-eau Canada, X-eau Canada is deemed to have met her obligations fully with the regard to the delivered item.

5.2              We will solve any problem as soon as possible. Should the solution not meet your expectations, you will be able to cancel the other without extra costs. The amount already paid will be refunded to you directly within 3 working days of receiving your returned order. This guarantee will lapse when (a)  the product was worn and/or washed, (b) you have tried to repair a defect yourself, (c) the user manual and/or user instructions were not followed.

5.3              If for some reason you do not want to buy a product, you have the right to return the product to X-eau Canada within 21 days of shipping date. Return shipments will only be accepted if the packaging of the product is undamaged and the product has not been worn and/or washed. The costs of return shipments are for you. X-eau Canada will, within 3 working days of receiving a product in good condition, refund the paid amount directly to your bank account.

 

Article 6. Liability

6.1              Every liability of X-eau Canada and of the employees and products of X-eau Canada for all damage, of whatever nature, directly or indirectly, including trading losses, consequential damages, damage to movable or immovable property or to persons, is explicitly excluded. Nor is X-eau Canada liable for damage caused by thirds during the execution of the agreement.

6.2              X-eau Canada does not accept any liability for any damage resulting from using X-eau Canada's products.

6.3              Any liability from X-eau Canada towards buyer is, in any case, limited to a sum not exceeding the invoice amount that the buyer is due to X-eau Canada under the agreement concerned.

6.4              For misunderstandings, corruptions, delays or not properly relayed orders and communications due to the use of the Internet or any other communication medium between customer and X-eau Canada, or between X-eau Canada and third parties, insofar as these relate to the relationship between customer and X-eau Canada, X-eau Canada is not liable, unless and insofar as there might be question of intent or gross negligence on the part of X-eau Canada.

 

Article 7. Force majeure

7.1              In the case of force majeure, X-eau Canada is entitled, at her own discretion, to suspend the execution of your order, or terminate the agreement without judicial intervention, by communicating this in writing, and without X-eau Canada being bound to any compensation, unless in the given circumstances this would be unacceptable according to standards of reasonableness and fairness.

7.2              Force majeure is understood to mean every shortcoming that cannot be ascribed to X-eau Canada because it cannot be attributed to her fault and cannot be at her expense by virtue of law, a legal act or generally accepted practice.

 

Article 8. Privacy

            All personal data will only be used for handling the order and will never be made available to third parties.

 

Article 9. Miscellaneous.

9.1              If you notify X-eau Canada of an address in writing, X-eau Canada is entitled to ship all orders to that address, unless you notify X-eau Canada in writing of another address to which your orders should be shipped.

9.2              If during a shorter or longer period of time tacitly or not X-eau Canada has allowed deviations from these Conditions, this does not affect her right to demand direct and strict compliance with these Conditions. You will never be able to exercise any right based on the fact that X-eau Canada applies these Conditions flexibly.

9.3              If one or more of the provisions f these conditions or any other agreement with X-eau Canada conflict with any applicable legal requirement, the provision in question will lapse and will be replaced by a new and legally admissible similar provision established by X-eau Canada.

9.4              X-eau Canada is authorized to make use of third parties for the execution of the order(s).

 

Article 10. Applicable law and competent court

10.1          To all rights, obligations, offers, orders, and agreements to which these conditions apply, only Canadian law shall apply.

10.2          All disputes between parties shall solely be referred to the court of competent jurisdiction in Canada.

 

Salt Spring Island, January 2015

 

X-eau Canada