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LegalWelcome to Peche Mignon and its affiliate members provide their services to you subject to the following notices, terms, and conditions. If you access and use this website (Pechemignon.net / Peche-Mignon.net), you accept and agree to be bound by and comply with these terms (the "terms") and that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. All orders and purchases made though this site are also governed by these terms and conditions. You also acknowledge and agree that this Agreement is subject to change without advance notice and that it is therefore your responsibility to review the terms prior to each use the site. IF YOU DO NOT ACCEPT THE TERMS, PLEASE DO NOT US THE SITE OR PLACE AN ORDER. For Novelty Only All products sold on Peche Mignon are for novelty purposes only. Peche Mignon does not incur or take any responsibility for personal usage of any product sold or obtained from the Peche Mignon website. Customers must read any literature included with the products sold on the Peche Mignon website for usage information. Privacy Notice Personnal information is information about an identifiable individual. Publicly available information is not considered personal information. Peche Mignon collects personnal information only in order to provide the requested services; to establish and maintain a reponsable commercial relationship with you and provide you with ongoing service; to understand your needs and develop and recommend suitable products & services; to manage and develop our business and operations, including personnel and employment matters; and to meet legal and regulatory requirements. Your personal information will not be used for any other purpose without your consent. While we do our best to ensure security and confidentiality, there are steps you can take as well to enhance your security when using the Internet and when conducting business online. We invite you to investigate safe computing practices and to take proactive measures to safeguard your personal information and prevent identity theft. See Privacy Commisioner of Canada:http://www.privcom.gc.ca/index_e.asp. Any unprotected e-mail communication over the Internet is, as with communication via any other medium, not confidential, subject to possible interception or loss, and is also subject to possible alteration. Peche Mignon is not responsible for and will not be liable to your or any third party for any damages in connection with an e-mail sent by you to Peche Mignon or an e-mail sent by Peche Mignon to you at your request. Copyright/Trade-marks / Permission to Reproduce Materials on the site were produced and/or compiled by Peche Mignon and copyright in materials and graphical elements on the site are owned by Peche Mignon unless otherwise notes. These materials and information are protected under the intellectual property laws of Canada and other countries. Permission to copy, redistribute, reproduce, republish, store in any medium, re-transmit, modify or make public or commercial use of, in any form, the information, materials and graphics provided on this site is prohibited except with written permission from Peche Mignon. The Peche Mignon logos are trade-marks or service marks of Peche Mignon and may not be reproduced without written permission from Peche Mignon. To make a request for permission and/or further information about how to obtain permission please contact : legal@pechemignon.net. Reviews and Comments Peche Mignon enables visitors to its site to post reviews of and comment on products featured on the site. If you post reviews or comments on the site, you grant Peche Mignon and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such reviews and comments throughout the world in any media. You also grant Peche Mignon and its affiliates and sublicensees the right to use the name that you submit with any review or comment, if any, in connection with such review or comment. Third-party Materials Some of the materials and graphical elements found on the site are subject to copyrights held by third parties. In such cases, some additional restrictions on the reproduction of materials or graphical elements may apply and it may be necessary to seek permission from the rights holder prior to reproducing the material. To obtain information concerning copyright ownership on the site please contact : legal@pechemignon.net. External Hyperlinks Some of the information on the site has been provided by external sources. Peche Mignon is not responsible for the accuracy, relibility or currency of the information provided by external sources. Users wishing to rely upon this information should consult directly with the source of the information. The linking to or from the site does not imply on the part of Peche Mignon any endorsement or guarantee of any third party or the information (including the right to display such information) or software found on their respective websites. All such links are provided for your convenience only. You agree that Peche Mignon does not assume any liability whatsoever for the linking to any of these linked websites, the operation or content (including the right to display such information) of any of the linked websites, not for any of the information, interpretation, comments or opinions expressed in any of the linked websites. Any comments or inquiries regarding the linked websites are to be directed to the particular organization for whom the particular website is being operated. Prohibited or Unlawful Use You warrant to Peche Mignon that you will not use the site for any unlawful or prohibited purpose according to the terms set out in this Agreement. You further agree to Peche Mignon that you will not use this site in any manner whatsoever which may cause this site to become disabled, damaged, overloaded, or impaired or interfere other visitor's use and enjoyment of this site. You acknowledge and agree that you are prohibited from obtaining or attempting to obtain any materials or information from this site through any means not intentionally made available or provided for through this site by Peche Mignon. Prices, Sizes and Shipping We may correct errors or inaccuracies and change or update information on this website at any time without notice, including prices and item availability. All sizes and weights quoted are approximate. All prices listed are in Canadian dollars, American dollars, Pounds Sterling or Euro and all charges will be processed in Canadian dollars, American dollars, Pounds Sterling or Euro. All prices listed on this site are subject to confirmation. You agree to pay all charges payable for your order. We reserve the right to limit the quantity of items that you may buy. We also reserve the right to cancel orders at our discretion. We will use commercially reasonable efforts to deliver items as quickly as possible, and within any time indicated. However, we are not responsible for delivery delays beyond our control. We will Endeavor to notify users if delivery is delayed. All items are delivered by a third party, and delivery is governed by their shipping contracts. We reserve the right not to ship to certain addresses. Risk of Loss All items purchased from Peche Mignon are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Disclaimer of Liability WHILE PECHE MIGNON HAS MADE EVERY EFFORT TO ENSURE THAT INFORMATION ON THE SITE IS CURRENT, IT IS YOUR RESPONSIBILITY TO ENSURE THAT SUCH INFORMATION IS INDEED CURRENT. PECHE MIGNON DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AND CURRENCY OF ANY PECHE MIGNON INFORMATION AND/OR PRODUCTS, OR FOR ANY CONSEQUENCES ARISING FROM, THE USE OF ANY PECHE MIGNON INFORMATION AND/OR PRODUCTS THAT HAVE BEEN OBTAINED FROM THE SITE AT THE TIME OF YOUR USE. THE INFORMATION AND PRODUCTS PROVIDED ON THE SITE ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE". PECHE MIGNON ASSUMES NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR ANY ERRORS OR OMISSIONS OF ANY KIND IN THE INFORMATION PROVIDED, AND DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO THE PRODUCTS OFFERED FOR SALE AND TO ANY RELATED MATTER, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND/OR CONDITIONS OF NON INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, PECHE MIGNON DOES NOT REPRESENT OR WARRANT THE SITE WILL BE AVAILABLE AND MEET YOUR REQUIREMENTS, THAT ACCESS WILL BE UNINTERRUPTED, THAT THERE WILL BE NO DELAYS, FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, THAT NO VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES WILL BE TRANSMITTED OR THAT NO DAMAGE WILL OCCUR TO YOUR COMPUTER SYSTEM. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT AND TO TAKE REASONABLE AND APPROPRIATE PRECAUTIONS TO SCAN FOR COMPUTER VIRUSES OR OTHER DESTRUCTIVE PROPERTIES. IN NO EVENT WILL PECHE MIGNON BE LIABLE FOR ANY DAMAGES WHATSOEVER TO YOU OR ANY THIRD PARTY, INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE, THE CONTENT AVAILABLE OR REFERRED TO ON THIS SITE OR ANY OTHER SITE YOU MAY ACCESS THROUGH THIS SITE, OR THE PRODUCTS OFFERED FOR SALE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Indemnity YOU AGREE TO INDEMNIFY, DEFEND AND HOLD PECHE MIGNON AND ITS DIRECTORS, AGENTS AND EMPLOYEES HARMLESS FROM ANY LIABILITY, LOSS, CLAIM, DEMAND, AND EXPENSE, INCLUDING REASONABLE LAWYERS FEES, RELATED TO YOUR USE OF THE SITE AND/OR THE PRODUCTS OFFERED FOR SALE. Severability These terms are binding and constitute the entire Agreement between Peche Mignon and you with respect to your use of this site. Peche Mignon's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. In the event that any part of a provision(s) of the terms set out in this Agreement is (are) held to be invalid, unenforceable, or void, such provision(s) shall, by the adjudicating body, be applied to the fullest extend possible and shall be read-down only to the extent absolutely necessary to comply with applicable law. If any provision(s) of the terms set out in this Agreement is (are) held to be invalid, unenforceable, or void, such provision(s) shall be severed from the Agreement. The fact that part of a provision(s) or an entire provision(s) has (have) been held to be invalid, unenforceable, or void such determination shall not affect the validity and enforceability of any other remaining provisions. Changes Peche Mignon reserves the right to change the terms of this Agreement, in whole or in part, at its sole discretion, at any time, without notice. Jurisdiction Peche Mignon is a private company operating under, the laws of Quebec, Canada. The Site is physically maintained and operated by Peche Mignon within the Province of Quebec, Canada. This Agreement is governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein and should be treated as a Quebec contract without reference to the principals of conflicts of law. All disputes, controversies or claims arising out of or in connection with the Site shall be submitted to and be subject to the jurisdiction of the courts of the Province of Quebec. For further information on Quebec's laws and regulations click http://www.publicationsduquebec.gouv.qc.ca/accueil.en.html. You submit and attorn to the exclusive jurisdiction of the courts of the Province of Quebec to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with the site. You agree that these terms and all related documents and communications be drawn up in English or in French. |
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