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TERMS OF USE

Commercial conditions

Last revised: November 28, 2022

 

These conditions

 

 (1) This website (the "Site") and/or the services, including all mobile applications connected to it (collectively the "Services") and any offer or sale of products (the “Products”) through the Site, are owned and operated by GCD Énergie inc (hereinafter also referred to as “  us”, “us” or “our”). These Terms of Business (the “Terms”) set forth the terms and conditions under which visitors or users (collectively, the “user” or “you”) may visit or use the Site and/or Services and purchase Products.

 

(2) By accessing or using the Services, you acknowledge that you have read and consent to these Terms and agree to be bound by them. If you do not agree to all of the Terms, you may not access the Site or use any of the Services. Read these Terms carefully before accessing or using our Site or Services, or purchasing any Products. In these Conditions, you will find out who we are, how we sell our Products to you, how you can withdraw from the purchase contract and what you can do in the event of a problem.

 

(3) You represent that you are of legal age and have the legal authority, right and power to enter into a binding agreement based on these Terms, to use the Services and to purchase Products. If you are under the age of majority, you may only use the Services or purchase Products with the consent of your parents or legal guardian.

 

 

This site is hosted by Wix.com

 

These Terms are provided in the French language.  In the event of any discrepancy between the French version of this document and any of its translations, the French version shall prevail.

 

To use our Site and/or benefit from our Services, you must be at least [add number] years old, or have reached the legal age of majority in your country, and have the legal authority, right and power to sign these Terms as a binding agreement. You are not authorized to use this Site and/or take advantage of our Services if it is prohibited in your country, or by any law or regulation applicable to you.

 

In addition, before placing and confirming an order, you must read and agree to these Terms.

 

You can download and print these Terms.

 

Description of Products

 

  1. You should carefully read the description of the Services and/or Products before placing an order. The description of the Services and/or Products presents the essential characteristics of the Services and/or Products, in accordance with Article L. 111-1 of the Consumer Code. These descriptions are designed to provide you with the most complete information possible on these characteristics, without being exhaustive. The photographs, drawings and descriptions of the Products and/or Services are provided for information purposes only and do not bind us.

 

  1. We invite you to refer to the information and instructions for use on the packaging, labels and accompanying documents. We cannot be held liable for any damage resulting from non-compliance with these instructions for the use of the Products and/or Services provided on our website.

 

Purchase of Products

 

  1. Any purchase of Products is subject to the Terms applicable at the time of such purchase.

 

(2) When purchasing a Product: (i) it is your responsibility to read the complete list of items before committing to purchase them; and (ii) placing an order on the site (by completing the payment procedure by pressing the "Buy" button or a similar button) may lead to a legally binding contract for the purchase of the relevant Product, unless otherwise specified otherwise in these Terms.

 

(3) You can choose from our selection of Products and place the products you intend to purchase in a basket by clicking on the corresponding button. The prices we charge are indicated on the Site. We reserve the right to change our prices or correct any pricing errors that may inadvertently occur at any time. These changes do not affect the price of Products that you have previously purchased. During checkout, you will be presented with a summary of all the Products that you have placed in your basket. This summary includes the essential characteristics of each product as well as the total price of all the products, the applicable value added tax (VAT) and the shipping costs, as the case may be. The payment page also gives you the opportunity to check and, if necessary, modify or withdraw Products, or modify quantities. If necessary, you can also identify and correct input errors using the edit function before making your order definitively binding. Any delivery time stated applies from receipt of your payment of the purchase price. By pressing the "Buy" button, you place a firm order to purchase the advertised Products at the price and with the shipping costs indicated. To complete the ordering process by clicking the "Buy Now" button, you must first accept these Terms as legally binding for your order by ticking the relevant box.

 

(4) We will then send you a confirmation of receipt of your order by e-mail, in which your order will be summarized again and which you can print out or save using the corresponding function. Please note that this is an automated message that only documents that we have received your order. It does not indicate that we accept your order.

 

(5) The legally binding contract for the purchase of the Products is only concluded when we send you a notice of acceptance by e-mail or when we deliver the Products to you. We reserve the right not to accept your order. This does not apply in cases where we offer a payment method for your order and you have chosen it, if a payment process is started immediately after your order has been submitted (for example, a money transfer electronic, or an instant bank transfer via PayPal, or another similar payment method). In this case, the legally binding agreement is concluded when you complete the ordering process, as described above, by pressing the "Buy" button.

 

(6) You can save your preferred payment method for later use. In this case, we will store your payment credentials in accordance with applicable industry standards (e.g. PCI DSS). You will be able to identify your card thus stored by its last four digits.

 

 

Delivery of Products

 

We can deliver our products to Quebec.

Prices and delivery times vary according to the type of Products ordered, the delivery address and the delivery method chosen by us.

 

Coupons, Gift Cards and Other Offers

 

We may from time to time offer coupons, gift cards or discounts and other offers (“Offers”) relating to our Products. These Offers are only valid for the duration that may be indicated therein. Offerings may not be transferred, modified, sold, traded, reproduced or distributed without our express written permission.

 

 

Refund and Return Policy  

 

You have the right to withdraw without giving any reason for 15 days from receipt of the Product or from the date on which you signed the contract for the provision of services.

To exercise your right of withdrawal, you must notify us of your decision by registered mail to the following address: 4110 Boul. Westley Saint-hubert J3Y2S9 or by e-mail atinfo@marecharge.comwithin the specified period, using the following form attached to these Conditions as Annex 1. If you contact us by e-mail, we will acknowledge receipt of your withdrawal.

You must return the Products as soon as possible, in any case within 15 days of notification of your withdrawal. Upon receipt of the Product, we will issue a full refund within 15 days, with the exception of the return costs, which will remain your responsibility.
 

 

Product Warranty

 

  1. If the Product is affected by a latent defect, you are entitled to act on the basis of the guarantee provided for by articles 1641 and following of the Civil Code for two years from the discovery of the defect. a latent defect implies that it renders the Product unfit for the use for which it is intended, or that it hinders its use in such a way that you would not have bought it or would have only given a lower price for it if you were aware of the defect. It also implies that you did not know the defect existed at the time you purchased the Product.

 

  1. As a consumer, you benefit from the legal guarantee of conformity under the conditions of article L. 217-4 and following of the Consumer Code. The legal guarantee protects the consumer when he buys a product which does not conform to its description, or which is not suitable for the use normally intended, due to lack of conformity at the time of delivery. You have two years from the delivery of a Product to act on the basis of the legal guarantee of conformity. You can request repair or replacement of the Product, except under the provisions of Article L. 217-9 paragraph 2 of the Consumer Code. If repair or replacement of the Product is impossible, you can promptly return the Product to us to be entitled to a full refund.  During the 24 months following delivery, you do not have to provide proof of the existence of the alleged defect.

 

  1. Except as expressly provided in these Terms and to the fullest extent permitted by applicable law, we expressly disclaim all other warranties or conditions, whether made orally or in writing, including, but not limited to, regarding accuracy, timeliness, completeness, results, performance, freedom from error or interruption of performance, title, non-infringement, quality, quality of information, enjoyment peace, merchantability, or fitness for a particular purpose (even if advised of such purpose), and all express or implied representations, warranties, or other conditions arising out of the course of performance, conduct of business or trade usage.

 

 

 

Member account


(1) To access and use certain sections and features of our Site, you must first register and create an account (“Member Account”). You must provide accurate and complete information when creating your Member Account.


(2) If someone other than yourself accesses your Member Account and/or any of your settings, they will be able to perform all actions available to you, including making changes to your Member Account. Therefore, we strongly encourage you to keep your Member Account login credentials secure. All such activities may be deemed to have taken place in your name and on your behalf, and you shall be solely responsible for all activities that take place on your Member Account, whether or not specifically authorized by you, and for all damages , expenses or losses that may result from these activities. You are responsible for activities performed on your Member Account in the manner described if you permitted the use of your Member Account through negligence, by failing to take reasonable care to safeguard your login credentials.

 

(3) You can create and access your Member Account through a dedicated web page or by using a third-party platform such as Facebook (the "Social Network Account"). If you register through a third-party platform account, you authorize us to access certain information about you, which is stored in your Social Network Account.


(4) We may terminate or temporarily or permanently suspend your access to your Member Account without liability, in order to protect ourselves, our Site and our Services or other users, including if you violate any provision of these Terms or any applicable law or regulation in connection with your use of the Site or your Member Account. We may do so without notice to you if the circumstances require immediate action; in this case, we will notify you as soon as reasonably possible. In addition, we reserve the right to terminate your Member Account without cause, by sending you two months' notice by e-mail, if we terminate our Member Account program or for any other reason. You may stop using your Member Account and request its deletion at any time by contacting us.

 

Intellectual property

 

(1) Our Services and related content (and any derivative works or enhancements thereof), including but not limited to all text, artwork, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technologies, documentations, trademarks, service marks, trade names and trade dress and interactive features, and all intellectual property rights therein, are owned or licensed by us (collectively, “Our Intellectual Property”), and nothing herein grants you any rights in connection with Our Intellectual Property. Except as expressly provided herein or required by mandatory provisions of applicable law for use of the Services, you shall not acquire any right, title or interest in Our Intellectual Property. All rights not expressly granted in these Terms are expressly reserved.

 

(2) If the Products include digital content such as music or video, you are granted the rights specified for such content on the Site.

 

Exclusion of warranty for the use of the Site and the Services


The Services, Our intellectual property and all documents, information and content provided relating thereto which are made available to any user free of charge are provided "as is" and "as available", without any warranty of any kind. whether express or implied, including any warranties of fitness for a particular purpose and any warranties regarding the security, reliability, timeliness, accuracy, or performance of our services, except for malicious non-disclosure of defaults. We do not warrant that our Free Services will be uninterrupted or error-free, or that they will meet your requirements. Access to the Services and the Site may be suspended or limited due to repairs, maintenance or updates. The warranty for the Products you have purchased from us, as referred to in the “Product Warranty” section above, shall not be affected.

 

Compensation
 

You agree to defend and hold us harmless against any and all actual or alleged claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees ) arising out of or relating to your use of the Site and Services in violation of these Terms, including in particular any use that would violate the limitations and requirements set forth in these Terms, unless such circumstances are not caused by your fault .

 

Limitation of Liability

 

  1. To the fullest extent permitted by applicable law, we disclaim all liability for any amount or type of loss or damage which may arise to you or any third party (including any direct or indirect loss and any loss of revenue, profits, customers, data, contracts, and any loss or damage resulting from or related to,  business interruption, loss of opportunity, loss of anticipated savings, waste of management or office time, even if foreseeable, in connection with (i) this Site and its contents, (ii) use, inability to use or results of use of this site, (iii) any website linked to this Site or the materials on such linked websites.

 

  1. We cannot be held liable for any delay or breach of our obligations arising from these Terms if such delay or breach results from a cause beyond our control and/or a case of force majeure within the meaning of article 1216 of the Civil Code. 

 

 

Modification of the Terms or Services; interruption


(1) We reserve the right to modify these Terms whenever necessary, at our sole discretion. You should therefore consult them regularly. If we change these Terms materially, we will notify you that material changes have been made. Your continued use of the Site or our Service after any such change will constitute your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not access or use the Site or Service.

 

  1. We may modify the Services, stop providing the Services or any features of the Services we offer, or create limits for the Services. We may terminate or suspend access to the Services permanently or temporarily for any reason, without liability. We will give you sufficient notice if this is possible in the given circumstances and we will reasonably take into account your legitimate interests when taking such action.

 

Links to Third-Party Sites

 

The Services may include links that take you out of the Site. Unless otherwise stated, the linked sites are not under our control and we are not responsible for their content, or any links they contain, or any changes or updates to them. We are not responsible for any transmissions received from linked sites. Links to third party sites are provided for convenience only. If we add links to other websites this does not mean that we endorse their owners or their content.

 

Applicable right

 

  1. These Terms are governed by and construed in accordance with the laws of Quebec, excluding conflict of law rules.

 

  1. If you wish to draw our attention to a subject, a complaint or a question concerning our site, contact us: info@marecharge.com

 

 

Various


(1) No waiver of any breach or default hereunder shall be deemed a waiver of any prior or subsequent breach or default.

 

(2) Section titles used in these Terms are for convenience only and have no legal substance.

 

  1. Unless otherwise stated, if any part of these Terms is determined to be illegal or unenforceable for any reason, it is agreed that that part of these Terms will be severed, the other terms of these Terms will not be affected and will remain in force.

 

  1. By accepting the Conditions, you undertake not to contest the probative value of the documents exchanged via the Site, on the basis of their electronic nature. Computerized records are considered proof of communications, orders and payments made between us.

 

  1. Your acceptance of the Conditions is equivalent to an agreement of proof, within the meaning of article 1368 of the Civil Code.

 

(4) You may not assign your agreement with us under these Terms, or your rights or obligations hereunder, in whole or in part, without our prior written consent. 

 

(5) These Terms constitute the entire agreement and supersede all prior written or oral agreements between you and us relating to the Services and the sale of the Products.

 

(6) The provisions of these Terms, which by their nature should survive any action by us, shall survive, including, but not limited to, the provisions relating to indemnities, waivers, disclaimers, the limitations of liability and this “Miscellaneous” section.

 

Contact us

 

To contact us, send an e-mail to:

myRecharge

info@marecharge.com

4110 Boul. Westley, St-Hubert, Qc

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