Terms Of Service

OVERVIEW

This website is owned and operated by MONTRÉBEL, a division of Black Sand PR & Entertainment Inc.. Throughout the site, the terms “we”, “us” and “our” refer to MONTRÉBEL. MONTRÉBEL offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. These Terms Of Service contain important information about your rights and obligations, as well as limitations and exclusions which may apply to you. Except as expressly provided for in these Terms Of Service, MONTRÉBEL does not make or give any representation or warranty with respect to the Products you may purchase from this website. 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - SOCIAL MEDIA USAGE TERMS

Our official social media pages are intended to be a fun, positive and helpful community where we share information about our events, products and promotions. It is also a place for us interact with our customers who can share their comments and feedback with us. In order to keep the pages useful and positive for our customers we have established the following guidelines for the usage of our social media:

  • Any obscene, graphic, explicit or inflammatory posts are strictly prohibited, as are comments that are abusive, bullying, harmful, hateful, disrespectful, offensive or defamatory to any person or organization. Any post or comment that is deemed to be such, at MONTRÉBEL’s sole discretion, will be deleted without notice. We reserve the right to report the offending user to the appropriate authorities and/or take legal action where necessary. 
  • Posts or comments containing politically motivated content, solicitations or advertisements for third parties will be deleted without notice.
  • Any comments advocating, suggesting, inciting, or encouraging any illegal activities will be deleted without notice.
  • We reserve the right to block users who violate these terms, across all platforms. 

Please note that any external links that may be shared on these pages, or our website, does not constitute an official endorsement by MONTRÉBEL. In the same regard, it does not imply endorsement of MONTRÉBEL by any third parties unless expressly and explicitly stated. 

SECTION 3 - PRIVACY & COOKIES

Our privacy practices are explained in our Privacy Policy, which also governs your visit to this website. By continuing to use this website, it is implied and accepted that you acknowledge you have read both our Privacy Policy and Cookies Policy in full, and agree to be bound by its terms and conditions. You fully consent to the collection and use of your personal information by MONTRÉBEL in accordance with the terms of the Privacy Policy.

The Privacy Policy and Cookies Policy may be amended from time to time, it is your responsibility to check the page regularly for updates. 

SECTION 4 - OTHER POLICIES AND AGREEMENT

Upon purchasing products from MONTRÉBEL using the www.montrebel.com website, your purchase is subject to separate Terms and Conditions of Sale applicable to the website. Certain additional terms and conditions may also apply to purchases of products and other uses of portions of the www.montrebel.com website. By using this site you also agree to be bound by our separate terms and conditions with regards to refunds, returns and exchanges and promotions.

Please refer to our Conditions of Sale Policy , Promotions Policy & our Returns & Exchanges Policy.

SECTION 5 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. We also reserve the right to restrict service to any country or jurisdiction for any reason at any time. 

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 6 - YOUR MONTRÉBEL ACCOUNT 

If you register an account with MONTRÉBEL it is your responsibility to maintain the confidentiality of your password, for restricting access to your computer and/or tablet/phone, and you agree to accept responsibility for all activities that occur under your account and password. Those under the age of 16 or under the age of majority in their jurisdiction may not use our website or our services. In these circumstances your parent or legal guardian should use this website on your behalf, you should not use this website on your own or provide personal information to MONTRÉBEL. We do not knowingly collect information from children under the age of 16. MONTRÉBEL reserves the right to refuse service, terminate accounts or cancel orders at our sole discretion. 

SECTION 7 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site, including all terms and conditions and policies, was designed and written in the English language. Due to the use of automatic third-party translation services, we shall not be held liable for any inaccuracies or errors in translation upon switching to another language. In the event of any disputes, the original English language version shall take priority over any other version of the site. If you notice any ambiguities or wish to gain clarification, please contact us immediately for more information prior to ordering.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 8 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We reserve the right to discontinue certain items and reintroduce them at our discretion. 

We shall not be liable to you or to any third-party for any modification, price change, disruption, suspension or discontinuance of the Service.

SECTION 9 - PRODUCT INFORMATION

Certain products or services may be available exclusively online through the website www.montrebel.com. These products or services may have limited quantities and are subject to return or exchange only according to our Returns & Exchanges Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear in the store. We cannot guarantee that your computer monitor's display of any colour will be accurate. Certain products may contain labels and/or tags of our suppliers. We do not warrant that product descriptions or other content on this site is accurate, reliable, current, complete or free of errors.

Buyer is solely responsible for taking their accurate body measurements and selecting correct size of items prior to ordering. Individual sizing charts for each item (where applicable) and a Size Guide page have been provided. Size charts are to be considered a guide only and have been provided by our suppliers. During the checkout phase, Buyer will have the opportunity to review and/or correct order information prior to submitting their order.

Prices and availability information provided on this website is subject to change without notice. All prices are quoted in Canadian Dollars (CAD).

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. We do not make or give any representation, guarantee, warranty or condition of any kind, whether express or implied, statutory or otherwise, including without limitation warranties as to uninterrupted or error free transactions, privacy, security, merchantability, quality, durability, title, suitability, non-infringement or fitness for a particular purpose, or those arising out of a course of dealing or usage of trade. 

SECTION 10 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns & Exchanges Policy.

SECTION 11 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 12 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. In all circumstances, complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 13 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You may not subject our agents, affiliates, employees or directors to abuse, harassment or bullying behaviour, whether verbal, written or otherwise in any circumstance. We reserve the right to terminate and cancel your account for breach of this provision. 

You agree that your posts and/or comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Your usage of #MONTREBEL, #ALWAYSMONTREBEL, #TOUJOURSMONTREBEL and/or any other MONTRÉBEL related hashtags on social media indicates your agreeance to MONTRÉBEL re-sharing the associated content on their website, emails, marketing materials and/or social media accounts. MONTRÉBEL shall be under no obligation to share submitted material and shall not offer any compensation for said material. 

SECTION 14 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Please view our Privacy Policy for more information.

SECTION 15 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 16 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, threaten, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 17 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In the event of a dispute, you agree to contact us to give us an opportunity to resolve the issue amicably. 

In no case shall MONTRÉBEL, our parent (Black Sand PR & Entertainment Inc.), directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence or gross negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. We will not be liable for any damages, either direct or indirect, incidental, special or consequential, for use of or inability to use material, products or services of any kind, delay of or partial delivery, termination of rights or loss of profits, data, business or goodwill, whether on a contractual, tort or extra contractual basis, or to provide indemnification or any other remedy to you or any third party. Your sole and exclusive remedy is to discontinue using and accessing this website. No claim may be joined with another lawsuit or resolved on a class-wide basis. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless MONTRÉBEL and our parent (Black Sand PR & Entertainment Inc.), subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 19 - COPYRIGHTS AND TRADEMARKS

The material on our website www.montrebel.com, including but not limited to, text, images, video, audio, software, graphics, illustrations, is owned or otherwise provided by MONTRÉBEL, and we do not represent or warrant that such material does not infringe the rights of any other person or entity. On occasion, images of Products may be those of our official suppliers. All material on this website is protected in Canada and in other jurisdictions by the Copyright Act and by applicable international treaties. 

The material on this website may not be copied, reproduced, downloaded, posted, republished, transmitted, modified or distributed, in whole or in part in any form whatsoever without MONTRÉBEL’s express written consent. This includes but is not limited to images, audio, video and text. Any trademarks and logos (collectively “Marks”) displayed on this website are registered or unregistered Marks of MONTRÉBEL or others, are the property of their respective owners, and in no circumstances may they be used without written permission of the appropriate owner of such Marks. At our discretion, MONTRÉBEL shall have the right to seek and obtain any injunctive, provisional or interim relief from the appropriate courts to protect its trademarks and/or other intellectual property rights and/or confidential information. 

You may not use any “hidden text” such as Meta tags that includes the name MONTRÉBEL or other trademarks without our express written consent. Nothing on our website shall be interpreted as giving the right to use any of the Marks or the material which is protected by the Copyright Act.

We respect the intellectual property of others, if you believe that your work has been copied in a way that constitutes copyright infringement, please contact MONTRÉBEL immediately. Our copyright agent for notice of claims of copyright infringement can be reached at customercare@montrebel.com.

SECTION 20 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

This site is owned and operated by MONTRÉBEL (a division of Black Sand PR & Entertainment Inc.) from Saint-Lambert, Quebec. These terms, this website, any use of the website, any transaction conducted on the website, shall be governed by the laws of the Province of Quebec and the laws of Canada applicable. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. We make no representation that the materials on this website are appropriate or available for usage in other jurisdictions. Those who access the website from other locations do so at their own discretion and risk, and are solely responsible for adhering to their local laws. 

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at customercare@montrebel.com or by using the contact form on our contact page.

 

Last Updated: November 29th 2017