Terms of service
Terms of Sales
Any online purchase made on the website www.ilado-canada.com is subject to prior knowledge and acceptance of these general conditions of sale.
Article 1 - Scope
These general conditions of use and sale (the "General Conditions") are concluded between the company Ilado Canada Inc., an incorporated company registered with the Registrar of Companiesunder the NEQ1176312370, and whose head office is located at 7839 rue Saint Denis in Montreal, H2R 2E9, Quebec, Canada and any non-commercial natural person (the “User” and, with Ilado Canada Inc., the “Parties”) wishing to carry out a purchase on the site www.ilado-canada.com (the “Website”).
These general conditions of sale apply in Canada.
The sale of Products on the Website is exclusively reserved for retail sale and individuals. Under no circumstances may the Website be used by Professional Selling Users, alone or in groups, regardless of how their products are marketed. The User acknowledges and therefore accepts that the Products can only be purchased in quantities corresponding to the average needs of a consumer, both in terms of the number of Products ordered in a single order and the number of individual orders respecting the usual amount of an average consumer spent for the same product. Ilado Canada Inc. reserves the right to refuse an order clearly validated by a professional seller User.
The products governed by these General Conditions are those which appear on the Website on the day of its consultation by the User and which are sold and shipped byIlado Canada Inc. (the “Products”).
These General Conditions apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels for the Products.
These General Conditions are accessible at any time on the Website and shall prevail, where applicable, over any other version or any other contradictory document.
Ilado Canada Inc. reserves the right to modify the General Conditions. They will then be applicable as soon as they are posted on the Website without being able to be enforceable against transactions concluded previously. The applicable general conditions of sale are the General Conditions in force on the date the order is placed. They govern the rights and obligations of the Parties resulting from the online sale of the Products offered on the Website, to the exclusion of any other document.
Article 2 - Identification of the author of the offer
Corporate name: Ilado Canada Inc.
Legal form: incorporated company
Headquarters: 7839 rue Saint Denis, Montreal, Quebec, H2R 2E9, Canada
Article 3 - Product Information
Information relating to all the Products is available, with their references, on the Website. The photographs, graphics and descriptions of the products offered for sale on the Website are only indicative and in no way binding on Ilado Canada Inc. In addition, in the case of artisanal creations, the Products may present certain irregularities in finishing, format and / or color differences inherent in this type of manufacturing which cannot be considered as major defects. The responsibility of Ilado Canada Inc. cannot be questioned, the validity of the order cannot be affected.
Article 4 - Ordering Products on the Website
1. Prior identification of the User
To be able to buy a Product during his first order, the User must open a customer account. To do this, he must accurately complete an identification form specifying certain mandatory fields (including his email address and a password of his choice which will be personal and confidential) so that his selection can be taken into account by Ilado Canada. Inc. To place an order, the User must identify himself with his email address and password. Any User accepts that entering these two identifiers constitutes proof of his identity. The provision of personal information collected in the context of distance selling is mandatory, this information being necessary for the processing and delivery of orders as well as for the preparation of invoices. This information will be strictly confidential.
2. Registration and validation of the order
All the steps necessary for the sale of the Products are specified on the Website in accordance with the provisions of articles 1369-4 and 1369-5 of the Civil Code. The ordering process on the Website is as follows:
- The User selects the Product (s) of his choice and adds them to his basket;
- He validates his basket;
- He fills in the information requested and necessary for his order, either by opening a customer account or by identifying himself with his email address and password;
- He chooses the means of payment for his order and fills in the information requested and necessary for the payment of his order;
- It verifies and expressly accepts the General Conditions of Ilado Canada Inc. in force on the date of the order;
- He then validates his order (including the delivery time), the electronic contract is then validly concluded.
- At any time before the order is validated, the User can view and check the details of his order and its total price and has the possibility of correcting any errors.
- In the event of prolonged inactivity during the connection, it is possible that the selection of the Products chosen before this inactivity is no longer guaranteed. The User will be invited to resume his selection of Products from the start.
In accordance with the provisions of Article L. 122-1 of the Consumer Code, Ilado Canada Inc. is entitled to refuse any order (i) abnormal or placed in bad faith, (ii) in the event of an existing dispute with the User, (iii) in the event of total or partial non-payment of an order, (iv) in the event of payment by bank card refused or (v) for any other legitimate reason thanIlado Canada Inc. will reserve the right to explain to the User. The responsibility ofIlado Canada Inc.In no case can then be engaged in this capacity.
3. Acknowledgment of receipt of the order
At the end of the order, a summary document of the order is sent to the User by e-mail to the e-mail address indicated by him. This document, which constitutes an acknowledgment of receipt, contains all of the constituent elements of the contract entered into between the Parties. The invoice corresponding to the order placed will also be available at any time to the User in his personal space on the Website.
Article 5 - Price and availability
The prices of the Products displayed on the Website are those in effect when the order is registered byIlado Canada Inc. They are indicated in Canadian dollars (CAD) and are added the Provincial and Federal taxes (applicable on the day of the order), excluding the cost of processing, packaging, transport and delivery which are invoiced in addition. The Products are offered for sale within the limits of available stocks. In the event of unavailability of a Product, this unavailability is displayed on the Website. In the event of an error or in the event of unavailability relating to a Product already ordered, the User will be informed byIlado Canada Inc. as soon as possible by email. The User may choose to receive the Product within longer delivery times than those indicated prior to the validation of the order or to cancel the order for this Product. If the User chooses to cancel his order, the cancellation of the order for this Product will then be carried out as soon as possible and, if the User's account has already been debited, its refund, including delivery costs. and, where applicable, Paypal commissions, the rest of the order remaining firm and final.
Article 6 - Terms of payment
The User will immediately pay for his order by credit card: Visa, MasterCard, Discover, Diners Club, Shop Pay, Apple Pay, Google Pay, Interac, Paypal or even by Sezzle. The price owed by the User is the amount indicated on the order summary document. The debit of the amount will be effective at the time of validation of its payment by the User. In the event of payment by bank card, confidential data (the 16-digit bank card number, expiration date and visual cryptogram) are directly transmitted encrypted to the payment platforms concerned without passing through the physical media of the serverIlado Canada Inc. The server and the payment page are secured by 3D Secure S.S.L (Secure Socket Layer) encryption in order to protect as effectively as possible all data related to the means of payment. The transfer of ownership of the Products fromIlado Canada Inc., for the benefit of the User, will only be made after full payment of the price by the latter, regardless of the delivery date of said products. The Products therefore remain the entire property ofIlado Canada Inc. until full payment of the price, which the User acknowledges and accepts.
Article 7 - Signature and proof
The final validation of the order constitutes an electronic signature and express acceptance of all operations carried out on the Website. With the online supply of the bank card number, it will constitute proof of the entirety of the order in accordance with the provisions of Articles 1316 et seq. Of the Civil Code and the payment of amounts incurred by entering the Products appearing on the order form. The computerized registers, kept in the computer systems ofIlado Canada Inc. under reasonable security conditions, will be considered as proof of communications, orders and payments between the Parties. The archiving of purchase orders and invoices is carried out byIlado Canada Inc.on a reliable and durable medium so as to correspond to a faithful and durable copy.
Article 8 - Shipping costs
The shipping costs are the responsibility of the User and depend on the place of delivery and / or the weight of the Products sent. They will be specified to the User before the order is validated. In general and for information, the shipping costs will be set at $ 14 CAD for any delivery in Canada. Any order placed on the Website and delivered outside Canada may be subject to possible taxes and duties. customs that are imposed when the package reaches its destination. These customs duties and taxes related to the delivery of an item are the responsibility of the User and are their exclusive responsibility.Ilado Canada Inc. is under no obligation to verify and inform the User of applicable customs duties and taxes. To find out about them, it is advisable to check with the competent authorities of the country of delivery of the Products.
Article 9 - Delivery
1. Delivery times The deadline by whichIlado Canada Inc. undertakes to deliver the Product (s) indicated to the User before the validation of his order. In general and for information, validated orders are in principle shipped and delivered within 1 to 3 working days for Products in stock and 6 weeks for Products manufactured according to the User's specifications or having is subject to customization at the User's request. Delivery will not be ensured in the event of force majeure, transport strike and / or postal services. Any risk of loss or damage to the Products is transferred to the User when the latter or a third party designated by him, other that the carrier offered byIlado Canada Inc., takes physical possession of these Products.
2. Terms of delivery
The Products are delivered to the User against his signature. If the User is absent during delivery, a calling card informs the User of how to store his order and make it available, under the full and exclusive responsibility of the carrier. The Products are shipped with the delivery slip to the delivery address indicated by the User when ordering. The responsibility ofIlado Canada Inc. can then in no case be engaged in the event that it is impossible to deliver the Product (s) ordered due to an error in the wording of the delivery address and the shipping costs. reshipment of the order to the new address transmitted will be the responsibility of the User. In the event of delivery to a collective address, the User acknowledges that the obligation toIlado Canada Inc.for the delivery of the order stops on actual delivery to the collective address indicated in its order form, even though the shipment is not received by the final recipient but by a third party.
3. Receipt of the order
Upon receipt of his order, the User will be required to check the conformity of the Products received. Any anomaly concerning the delivery (missing or broken product, damaged package) must imperatively be notified, at the latest within four (4) working days of receipt, to customer service at firstname.lastname@example.org . Unless there is a legitimate reason, any complaint made after this period will be rejected andIlado Canada Inc. will be released from any liability.Ilado Canada Inc.reserves the right to ask the User to return the defective Product to him. If the above conditions are met,Ilado Canada Inc. will then proceed with the exchange, refund of the defective Product (s), or reshipment of the missing product (subject to the validity of the User's request).
Article 10 - Cancellation under the right of withdrawal
The User has a period of fourteen (14) days from the date on which the User or a third party other than the carrier and designated by the User takes physical possession of the Product (s) ordered or , in the event of an order which relates to several goods ordered by means of a single order, of the last Product (s), to exercise the right of withdrawal, without having to provide any reason. The User notifies his decision to withdraw by means of an unambiguous declaration: by completing and submitting the withdrawal form accessible below. If the User chooses this option,Ilado Canada Inc. will send him an acknowledgment of receipt of the withdrawal by e-mail without delay; or - by e-mail to the following address: email@example.com; or - by registered mail with acknowledgment of receipt to:Ilado Canada Inc., 7839 rue Saint Denis, Montreal, Quebec, H2R 2E9
The User must return the Product (s), in their original packaging and packaging, in new and complete condition, to the following address:
Ilado Canada Inc.
Att Elena Colpaert
7839 rue Saint Denis, Montreal, Qc
Without undue delay, and in any event, no later than fourteen (14) days after communicating its decision to withdraw. The costs and risks of returning Products under the right of withdrawal are the responsibility of the User. Ilado Canada Inc. will not reimburse return shipping costs. It will be up to the User to provide proof of this return, which implies that the Products must be returned by registered mail, or by any other means giving a certain date. If the aforementioned conditions are met, Ilado Canada Inc. will reimburse the User for the sums received from the User, taking into account the delivery costs (with the exception, where applicable, of additional costs arising from the fact that the '' User has chosen, where applicable, a delivery method other than the less expensive standard delivery method offered by Ilado Canada Inc.), without undue delay and, in any event, no later than fourteen (14) days to from the day on which the User's withdrawal decision has been brought to the attention of IladoCanada Inc .. IladoCanada Inc. will refund using the same means of payment as that used by the User for the initial transaction. In the event that a refund cannot be made by the same means of payment (in the event of expiry of the validity of the bank card or of the closure of the Paypal account), refunds can only be made by bank transfer. In any case, this reimbursement will not incur costs for the User. IladoCanada Inc. may defer the refund until receipt of the returned Product (s) or until the User has provided proof of shipment of the Product (s), the date selected being that of the first of these facts. The responsibility of the User can only be engaged with regard to the depreciation of the good resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the Product (s). As an exception to the above, the right of withdrawal cannot be exercised for Products manufactured to the User's specifications or having been the subject of personalization at the User's request.
Article 11 - Guarantee
All Products for sale on the Website benefit from the legal guarantee of conformity provided for in Articles L. 211-4 et seq. Of the Consumer Code and the guarantee against hidden defects provided for in Articles 1641 et seq. Of the Civil Code, allowing the User to return non-compliant or defective Products delivered. The relevant provisions of the Consumer Code and the Civil Code are reproduced in full below:
Article L. 211-4 of the Consumer Code: "The seller is required to deliver goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly or installation instructions when this has been charged to it by the contract or has been carried out under its responsibility. "
Article L. 211-5 of the Consumer Code: “To comply with the contract, the goods must:
1 ° Be suitable for the use usually expected of a similar good and, where applicable:- correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model; - present the qualities that a buyer can legitimately expect given the public statements made by the seller, by the producer or his representative, in particular in advertising or labeling;
2 ° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. "
Article L. 211-12 of the Consumer Code: "The action resulting from the lack of conformity lapses two years after delivery of the goods. "
Article L. 211-16 of the Consumer Code: "When the buyer asks the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, a discount in the condition covered by the warranty, any downtime of at least seven days is added to the duration of the warranty that remained to run. This period runs from the buyer's request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention. "
Article 1641 of the Civil Code: "The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have it. not acquired, or would have given a lower price, if he had known them. "
Article 1648 paragraph 1 of the Civil Code: "The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. "Any guarantee is however excluded in the event of misuse, negligence or lack of maintenance on the part of the User, such as in the event of normal wear and tear of the property, accident or force majeure and the guarantee ofCanada Inc. is limited to the replacement or reimbursement of non-compliant or defective Products. The products sold on the Website comply with the regulations in force in Canada. The responsibility ofCanada Inc.can not be engaged in the event of non-compliance with the legislation of other countries which it is up to the User to verify.
Article 12 - Exchanges
Without prejudice to the provisions of the legal guarantee, the User has a period of [14 days] from the date of receipt to exchange the Product (s) received for one (s) Product (s) from same value or higher. The User must make his exchange request on his customer account, indicating in particular the Products concerned and the desired terms of the exchange (namely, indication of the replacement Product (s)). The User must, within [fourteen (14) days] following receipt by the User of the return authorization, return the Product (s) concerned by post accompanied by a copy of the order form, to the address below:
Ilado Canada Inc.
Att Elena Colpaert
7839 rue Saint Denis, Montreal, Qc
The costs and risks of returning Products as part of an exchange are the responsibility of the User. Ilado Canada Inc. will not reimburse return shipping costs. It will be up to the User to provide proof of this return, which implies that the Products must be returned by registered mail, or by any other means giving a certain date.Only items returned on time, intact, complete and packaged in the original packaging may be exchanged. Products returned incomplete, spoiled, damaged, deteriorated or in any other condition which would reasonably suggest that the Products have been used, worn, modified, washed or damaged, will not be exchanged and will be returned to the User. If the new order is for a higher amount, the User must attach to the exchange request payment of the balance by check. If the aforementioned conditions are met, IladoCanada Inc. will exchange the Product (s) while stocks last. If at the time of the exchange request the Product (s) is (are) no longer available, IteenagerCanada Inc. undertakes to provide a refund / credit at the purchase price within fifteen (15) days of receipt of the Product (s) byIladoCanada Inc. IladoCanada Inc.will bear the cost of sending the replacement Product (s) to any delivery address located in Canada. In general, any question or complaint can be addressed by the User toIladoCanada Inc. by email at the following address: firstname.lastname@example.org.
Article 13 - Liability
Any User purchasing one or more Product (s) on the Website must be at least 18 years old and be legally able to contract or hold parental authorization allowing an order to be placed on the Website.
2. Limits of liability
Ilado Canada Inc. has, for all stages of order taking as well as for the stages subsequent to the conclusion of the contract, an obligation of result. On the other hand, the responsibility ofIlado Canada Inc. cannot be engaged in the event that the non-performance of its obligations is attributable either to the User, or to the unforeseeable and insurmountable fact of a third party to the contract, or to a case of force majeure in accordance with the article L. 121-19-4 of the Consumer Code. Likewise, the responsibility ofIladoCanada Inc. cannot be held liable for all the inconveniences or damages inherent in the use of the Internet network, in particular a disruption of service, an external intrusion or the presence of computer viruses.
Article 14 - Customer service
For any information or question, for an order follow-up, for the exercise of the right of withdrawal or to invoke the guarantee, the User must contact customer service by telephone at the following number 514-972-2090 or by email at following address email@example.com.
Article 15 - Protection of personal data
Ilado Canada Inc. has created an electronic file which identifies certain personal data relating to its customers. When an order is placed on the Website by any new customer, this database will be enriched with information about him, which will subsequently allow him to better meet his expectations and facilitate assistance services. insured byIlado Canada Inc .. This database has been declared to the CNIL, in accordance with the requirements of the “Informatique et Libertés” law n ° 78-17 of January 6, 1978, amended by law n ° 2004-801 of August 6, 2004. This declaration was registered under number 1809324. In the event that the customer would consent to communicate individual data of a personal nature, he would then have the individual right of access, withdrawal, rectification provided for by law and may in this regard delete information concerning him which is no longer relevant, by making a written request toIladoCanada Inc., to the following address :IladoCanada Inc., 7839 rue Saint Denis, Montreal, Quebec, H2R 2E9, Canada.Depending on the choices made when creating or viewing their accounts on the Internet, Users will be likely to choose whether they wish to receive offers fromIladoCanada Inc., or be informed of specific operations via email. If a User no longer wishes to receive these offers, he may request it at any time by clicking on an electronic link available in the emails for this purpose, or by modifying his account directly on the Website.
Article 16 - Cookies
- Choices offered by the User's navigation software
The User can configure his browser software so that cookies are stored in his terminal or, on the contrary, that they are rejected, either systematically or according to their issuer. The User can also configure his browser software so that the acceptance or refusal of cookies is offered to him from time to time, before a cookie is likely to be saved in his terminal. In this respect, the configuration of each browser is different. It is described in the browser's help menu, which allows you to know how to modify your preferences in terms of cookies. The recording of a cookie in a terminal is essentially subordinate to the will of the user of the terminal, which the latter can express and modify at any time and free of charge through the choices offered to him by his browser software. If the User has accepted in his browser the recording of cookies in his terminal, the cookies integrated into the pages and content consulted by him may be stored temporarily in a dedicated area of the User's terminal. They will be readable only by their issuer. If the User refuses the recording of cookies in his terminal, or if he deletes those stored there, he will no longer be able to benefit from a certain number of functions which are nevertheless necessary. to browse certain areas of the Website. This would be the case if the User attempted to access the content or services of the Website which require identification. This would also be the case when the Website could not recognize, for technical compatibility purposes, the type of browser used by the User's terminal, its language and display settings or the country from which the terminal appears. connected to the Internet Where applicable, the Website declines any responsibility for the consequences related to the degraded functioning of its services resulting from the inability to save or consult the cookies necessary for their operation and that the User would have refused or deleted .
- Choices expressed online directly from the Website
Please note, since the User's wish based on a cookie is taken into account, if the latter deletes all the cookies stored in his terminal (via his browser), the Website will no longer know that the User has chosen this option.
Article 17 - Intellectual property
Ilado Canada Inc. is the exclusive owner of the intellectual property rights on:
- the Products offered on the Website,
- the designs, models and brands associated with the Products,
- the photographs reproduced on the Website,
- the Website, and in particular on its tree structure, on the organization and titling of its sections, on the visual and graphic identity, on its design, on its ergonomics, its functionalities, on the software, texts, animated images or fixtures, sounds, know-how, drawings, graphics and any other element making up the Website,
- the databases, their structure and their contents, designed and managed byIlado Canada Inc. for the purposes of editing the Website,
- all the design elements of the Website, whether graphic or technical, and
- names, acronyms, logos, colors, graphics, or other signs that could be used, produced or implemented by the Internet.
It is therefore forbidden to copy, reproduce, republish, download, post, transmit or distribute in any form whatsoever, directly or indirectly, the elements referred to in the previous paragraph, as well as to alter trademarks, patents. , names, acronyms, logos, colors, graphics or other signs appearing on the elements made available on the Website, and more generally to use or exploit these elements other than within the framework of the execution hereof. As such, the reproduction or use of all or part of these elements is only authorized for the exclusive purposes of information for personal and private use, provided that the User does not modify the information contained and that he keeps intact all copyrights and other proprietary notices. Any reproduction and any use of copies made for other purposes is expressly prohibited. Any other use, except with the prior written consent ofIladoCanada Inc. constitutes infringement and is punishable under intellectual property rights. Any creation of hypertext links to the home page of the Website, or any other page of the Website, is subject to the prior written consent ofIladoCanada Inc..
Article 18 - General
1. Force majeure
Ilado Canada Inc. will not be responsible for the total or partial non-performance of its obligations under this contract, if this non-performance is caused by an event constituting force majeure, recognized as such by case law. The Parties agree to consult as soon as possible in order to determine the methods of processing the order for the duration of the case of force majeure. Beyond a period of one (1) month of interruption due to force majeure, the Parties will be released from their obligations towards each other.
2. Entire contract
These General Conditions and the order summary sent to the User form a contractual whole and constitute the entire contractual relationship between the Parties.
3. Partial invalidity
If one or more stipulations of these General Conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain their full validity. strength and scope.
The fact that one of the Parties does not invoke with the other Party a breach of any of the obligations referred to in these General Conditions cannot be interpreted for the future as a waiver of the obligation in question.
The General Conditions apply throughout the duration of the online posting of the Products offered for sale byIlado Canada Inc. until the end of the contractual and legal warranty periods. In any event, the "Liability" clause will survive the termination of the General Conditions.
Article 19 - Language, applicable law and jurisdiction
These General Conditions are written in French. In the event that they are translated into one or more languages, only the French text will prevail in the event of a dispute. The General Conditions are subject to French law. The competent court in the event of a dispute will be that of the place of domicile of the defendant or, at the choice of the plaintiff, of the place of actual delivery of the Product. The Website complies with Canadian law, and in any case,Ilado Canada Inc. does not give any guarantee of compliance with the local legislation which would be applicable to each User, as soon as the latter accesses the Website from other countries.
Annex: model withdrawal form (Please complete and return this form only if you wish to withdraw from the contract.
To the attention of :Ilado Canada Inc., 7839 rue Saint Denis, Montreal, Qc, H2r 2E9, Canada by post or firstname.lastname@example.org electronically
I / We (*) hereby notify / notify you of my / our (*) withdrawal from the contract for the sale of the property (s) below:
Name of consumer (s):
Address of consumer (s):
Signature of consumer (s) (only in the event of notification of this paper form):
(*) Remove the useless phrase.