General terms and conditions
0. Application of terms & conditions of sale
0.1 The following terms and conditions shall govern the order by Client (as defined hereunder) and the sale by Oatbox (“Oatbox” or “Seller”) of any product made available by Oatbox (hereby collectively called the “Product”). Certain additional terms may accompany the Product and shall apply but in case of conflict the following Terms and Conditions shall prevail.
0.2 By ordering the Product, whether by placing an order by phone, on the Oatbox website (www.oatbox.com), in person or by any other mean, Client agrees that these Terms and Conditions of Sale (referred to as the “Terms and Conditions”) shall govern the contract between Oatbox and the Client and supersedes any other terms and conditions that may be provided by the Client. Oatbox’s failure to object to provisions contained in any communication from the Client shall not be deemed a waiver of the Terms and Conditions.
0.3 “Client” means any person or entity ordering products from Oatbox.
0.4 These Terms and Conditions of Sale supersede any pre-printed terms on Client's orders and any previous written or oral communications or representations by either party related to the Product or the terms and conditions and may not be amended by Client without prior written consent of Oatbox.
1.1 Account Creation. In order to use certain features of the website (e.g., to use the Services), you must create an account with Oatbox (“Oatbox Account”) and provide certain information about yourself as requested on the Site registration form. You represent and warrant that: (a) all required registration information you submit is complete, truthful and accurate; (b) you will maintain the accuracy of such information as such may change from time to time. You may delete your Oatbox Account at any time, for any reason, by following the instructions on the Site.
1.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Oatbox Account login information and are fully responsible for all activities that occur under your Oatbox Account. You agree to immediately notify Oatbox of any unauthorized use, or suspected unauthorized use of your Oatbox Account or any other breach of security. Oatbox cannot and will not be liable for any unauthorized use of your Oatbox account or loss or damage arising from your failure to comply with the above requirements.
1.3 As a member of Oatbox, you agree to receive newsletters and promotional emails including third party offers.
2. Billing, orders & credit card information
2.1 Any order, to be valid, needs to be accompanied by a valid payment of the total sum of the value of the Product and shall be made by a pre-arranged method of payment acceptable to Oatbox, whether such order is made online on Oatbox’s website (www.oatbox.com) or by phone. 2.2 Oatbox reserves its rights to cancel the order at its sole discretion by reimbursing the sums paid by the Client. Oatbox shall not otherwise be liable to the Client for cancellation of such orders.
2.3 When you place your first order, we will save your credit card information for use on all future billings. Any automatic billing and/or charges, as per the membership rules described upon sign-up, will be automatically applied to your saved credit card unless you notify us in advance by emailing us at email@example.com. We accept Visa and Mastercard as forms of payment. If your payment method reaches its expiration date and you do not edit your credit card information or cancel your account, you authorize us to continue billing that credit card on file including extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to constantly update your payment method information or cancel your account should you wish to discontinue your membership with us
2.4 Canadian buyers will be charged in Canadian dollars and United States buyers will be charged in US dollars.
2.5 If you choose to cancel your service, you must notify Oatbox at least 5 days before your next billing date.
3.1 All shipping fees are included in the subscription price you see on www.oatbox.com. Orders will be packaged and delivered on weekdays (Monday to Friday). Oatbox will ship to any address in Canada or the United States unless it is commercially unfeasible. Oatbox may be unable to ship to certain remote regions. Oatbox reserves the right to refuse or cancel orders where Oatbox has no commercially reasonable shipping option, and Oatbox shall not be liable to the Client for cancellation of such orders. In such a case, Oatbox will reimburse the sums already paid by the Client. If an ordered item is damaged during shipping, is incorrect, or missing, you must immediately contact Oatbox. To contact us, write to firstname.lastname@example.org or call (514) 713-2604.
4. Refunds / returns
4.1 All sales on comestible items “food” are final and are not eligible for returns.
5.1 Oatbox works to protect your personal information during transactions using a secure system. Oatbox employees do not have access to your credit card information because they are encrypted the moment a transaction is completed. Only the company managing transactions with which Oatbox is doing business receives this encrypted information. Other personal information collected by Oatbox is used to ship your order, to contact you in case of need, or to let you know about all the opportunities Oatbox has to offer. You may, at any time, ask that your information is removed from our database.
6.1 You agree to indemnify, defend, and hold Oatbox harmless and its officers, directors, employees, agents, investors, and suppliers (collectively the “Service Providers”) against all losses, expenses, damages, and costs, including reasonable attorneys fees resulting from any violation of these general terms and conditions or any activity related to your account (negligent or wrongful actions included) by you or any other person accessing the website using your Internet account.
7. Third party
7.1 In order to provide added value to our users, Oatbox can affiliate itself to websites operated by third parties. However, even if the third party is affiliated, Oatbox has no control over these linked sites, which have different private data collection methods unrelated to Oatbox. These linked websites are for your convenience only and are therefore accessed at your own risk.
8. Act of god
8.1 For all purposes hereof, force majeure includes any act of God, war, mobilization, governmental regulation, strike, lockout, drought, flood, total or partial fire, obstruction of navigation, loss, damage or detention in transit, defective materials or delays by shippers, or other contingences or causes beyond Seller's control which might prevent the manufacture, shipment or delivery of Goods covered hereby. Performance of Seller's obligations may be suspended pending force majeure, without Seller being responsible to Client for any damages or losses resulting from such suspension.
9. Arbitration, governing law & jurisdiction
9.1 These Terms and Conditions shall be strictly and exclusively construed in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein without regard to principles of conflict of law and specifically excluding the provisions of the 1980 UN Convention on Contracts for the International Sales of Goods. Without limiting the foregoing, Client irrevocably and unconditionally agrees that any suit, action, or other legal proceeding arising out of or relating to these Terms and Conditions or any transaction hereunder must be decided by binding arbitration in accordance with the Rules of the Canadian Arbitration Association and any such arbitration proceedings shall be brought and held in Quebec, CANADA. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction. In case arbitration shall be impracticable then any suit, action, or other legal proceeding arising out of or relating to these Terms and Conditions or any transaction hereunder must brought to the tribunals of the District of Montreal, Province of Quebec, Client consents to the exclusive jurisdiction of such court in any such suit, action or proceeding; Client waives any objection to the laying of the venue of any such suit, action or proceeding in any such courts; and Client waives any right that it may have to assert the defence of forum non-conveniens in any such suit, action or proceeding.
10. No assignment
10.1 Client may not assign its rights or obligations under this Agreement without the express written consent of Oatbox.
11.1 If any provision or provisions of these Terms and Conditions be held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
12.1 The Parties hereto have expressly required that these Terms and Conditions be drafted in the French language only.
13. Intellectual property
13.1 Client agrees that any invention, patent, industrial design, copyrightable document or object as well as any technical, scientific, marketing or commercial know-how or trade secret relating to the Product, including but not limited to any inventions, patents, copyright and industrial design (hereinafter described as the “Industrial Property”) is the exclusive property of Oatbox.
13.2 Client recognizes and acknowledges that all the trademarks applied on or otherwise used in relation to the Product, whether registered or not (the “Trademarks”), are the exclusive properties of Oatbox.
13.3 Client will not take any action which might invalidate any such Trademark or any registration thereof, impair any rights of Oatbox or create any rights adverse to those of Oatbox. Without limiting the foregoing, Client shall not, during the course of this Agreement and thereafter, adopt, use, register or seek to register in any class in any country or territory, any trademark which includes or is confusingly similar to any of the Trademarks.
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