1 GENERAL CONDITIONS OF USE
Welcome to the IMPACT SANTÉ + Online Store (the "Store"). To better understand how it works, we present to you our General Conditions of Use (the "T & Cs") which govern the access, operation and content of our site (the "Site") www.impactsante.ca.
We ask you to read these T & Cs and T & Cs (together the "T & Cs") before placing an order with us (an "Order"). The placing of Orders by you implies your unconditional acceptance of all the terms of the CGUV as well as those relating to our Charter. These GCUS cancel and replace any other previous general conditions that may exist.
Our Boutique is open in Canada for the Provinces of Quebec and Ontario, to date. It allows you to place an Order for our available Products in a few clicks, after having read and accepted our present T & Cs. As things evolve, we may need to modify these T & Cs. The new version of the T & Cs will therefore be applicable for any Order made from the day of its publication on our Site. We therefore invite you to consult our T & Cs regularly and before any new purchase on our Boutique.
The term "You" relates to the person who places an Order through our Shop, exclusively for the professional needs of the entity you represent or for which you work, whether commercial, associative or public. .
You authorize us to communicate with you by email or any other electronic means.
By deciding to use the Boutique site to place your Order, you acknowledge that you have read and accepted without reservation the T & Cs of our Boutique. The T & Cs prevail over your terms of purchase, where applicable, in the event of contradiction or incompatibility.
1.2 ACCESS TO THE ONLINE STORE
To date, the sale of our Products excludes the sale for personal purposes to consumers within the meaning of Consumer Protection Act. In particular, we aim to sell to companies, health professionals, and various organizations in the public sector or associations.
The Boutique is accessible at all times. It may happen that it is temporarily unavailable during updates, backups or technical problems. IMPACT SANTÉ + is not responsible for any interruption of service or update.
By using the Store, you agree not to:
- Use our Site in a way that could damage it, put it out of service, overload it or compromise its operation.
- Disrupt the security or otherwise abuse our Site, or any service, resource on the systems, servers or networks connected to the Store or our Site;
- Upload, display or otherwise transmit to our Site a virus or other malicious or destructive program, file;
- Use any device to control or copy the pages or content of the Store or our Site;
In addition, you acknowledge that you are solely responsible for all actions and communications undertaken or transmitted to or on your behalf, and you agree to comply with all applicable laws regarding the use of the Store.
1.4 INTELLECTUAL PROPERTY RIGHTS
Trademarks (registered or not), trade name, domain names, copyright on software, web pages, graphic charter, images, videos, texts, icons, graphics, designs, database, trade secrets, or more generally all the elements appearing or present on our Site and subject to intellectual property rights are and remain the exclusive property of IMPACT SANTÉ + which operates them. No assignment of intellectual property rights is made through these T & Cs. Any total or partial reproduction, modification or use of these elements for any reason whatsoever is strictly prohibited. You may not copy or use the material, structure, menu, appearance or characters that appear on this or other pages of the Site without the prior express written consent of IMPACT SANTÉ +.
Any unauthorized downloading, retransmission, copying or modification of intellectual property rights or of the data contained on the Site may contravene the federal laws in force as regards intellectual property and could expose the infringer to legal proceedings.
1.5 SOCIAL MEDIA
You further agree not to publish or submit any information, publications, links or any other material of any kind on social media pages and in particular:
- Any defamatory, offensive content. Counterfeiting, obscene, deceptive, illegal or in any other way violates the rights of anyone including those relating to the protection of the privacy of others;
- Any content containing advertising;
- Promotional materials or any form of unwanted solicitation for third parties;
- Any content whose origin or source is falsified;
- Any financial or personal information about you or any other person;
- Any information that IMPACT SANTÉ + deems to be in contravention of the T & Cs and its Charter.
Any information, message, link or item that we consider to belong to one of the above categories will be deleted without incurring any liability, including for any direct or indirect loss or damage arising from any action or decision taken by you. or by any other person in connection with the use of online social media.
1.6 LIMITATION - DISCLAIMER OF WARRANTIES - INDEMNIFICATION
You may not use the Site for purposes contrary to the laws applicable in Quebec and Canada and you will be held solely responsible, if applicable.
IMPACT SANTÉ + cannot be held liable for any direct, indirect, special, incidental or consequential damages, or any other damage whatsoever, including loss of income, profits or anticipated economic benefits arising from the '' use or inability to use the Site, the information, documents and software found therein, with their content, even if IMPACT SANTÉ + has been warned of the possibility of such damage or even if such damage may be reasonably planned.
IMPACT SANTÉ + does not guarantee the accuracy, completeness, quality, relevance or content of the information on its Site. This information is provided "as is" without warranty or condition whatsoever, express or implied, including, among others, the implied conditions and warranties with respect to the commercial value and fitness of the Products for the purposes. individuals.
IMPACT SANTÉ + attaches the utmost importance to protecting and respecting your privacy. In this context, IMPACT SANTÉ + wishes to ensure the accuracy, security and confidentiality of personal information, which you can transmit to us by using our Site, in accordance with the laws in force, and in particular in Quebec, the ACT RESPECTING THE PROTECTION OF PERSONAL INFORMATION IN THE PRIVATE SECTOR.
Our Charter describes the way in which IMPACT SANTÉ + collects, processes, uses, stores and communicates the information relating to your private life that we may collect. In addition, the Charter tells you what rights are available to you regarding the collection, use and communication of your personal information. We undertake not to collect, use or communicate your personal information other than in accordance with this Charter and the laws applicable in Canada and Quebec.
2.1 SCOPE OF OUR CHARTER
By browsing the Boutique Site, you accept the terms and conditions of our Charter. If you continue to use the Store Site after a new version of this Policy is posted there, you agree to changes to our Policy, which will therefore be enforceable against you. The information we collect is necessary to place an Order with us. By providing us with this information, you consent to it being collected and used in the manner defined by our Charter.
2.2 COLLECTION OF PERSONAL INFORMATION
When you save personal information on our Store, you give us access to a certain amount of personal information, including by placing an Order, communicating with us by phone, email or otherwise.
We collect the following information when you register as a guest on our Store site.
- Name of the customer receiving the Order
- Customer address
- First name
- Last name
- Phone number
- Email Address
- Delivery address
- Person receiving delivery
- First name
- Last name
- Phone number
- Email Address
- Credit Card Number
- Card holder
- Card type
- Expiration date
This information is used:
- In order to be able to place an Order in our Store and then allow us to deliver it to you or the entity you represent.
- To process your Orders and answer your questions regarding the status of any requests or Orders;
- To stay in touch with you and provide you with personalized service at all times;
- Conduct market research and performance research to evaluate our customer service, measure our performance, enhance the experience we provide to our customers and improve our Products.
The purpose of our collection of this information is as follows:
- The administration of our customer accounts,
- Customer relationship management
This personal information will not be kept beyond the purpose for which it was collected.
There may also be interactions of our forms with other third-party management tools, for the following purposes:
- Analyzes and statistics: Google analyticsMD
- Electronic payment: StripeMD, VISAMD, MASTERCARDMD
In any case, IMPACT SANTÉ + is not responsible for any damage that may arise from these third-party services. To find out the conditions of use of these services, we invite you to consult their respective website and in particular the hosting conditions of our partner.
You can contact the Office of the Privacy Commissioner of Canada or the Quebec Privacy Commission for more information on your rights:
- Office of the Privacy Commissioner of Canada privcom.gc.ca
- Quebec Information Access Commission cai.gouv.qc.ca
2.3 ADVERTISING INFORMATION
We will communicate with you only if you wish. If you would prefer not to receive advertising information from us or if you do not want us to use your personal information to enhance your experience as a customer, please let us know by contacting us as outlined in section " Right of objection and withdrawal ».
Please remember to provide your full name and the email address you used when you registered or when you placed an Order on our Site. There may be a processing delay for a request sent by email or post and you may continue to receive communications from us in the meantime.
A Cookie is a text file that can be saved in a web browser when viewing a website with browser software. A Cookie allows its issuer, during its validity period, to recognize the terminal concerned each time this web browser accesses digital content containing Cookies from the same issuer. The Cookies that have been set up as part of the use of our Shop allow, among other things, to facilitate your navigation on our Site:
- By adapting the presentation of our Site to the display preferences of your web browser (display resolution, operating system used, etc.), depending on the hardware and viewing or reading software that your browser has
- By implementing security measures.
The information used is IP addresses, domain names, browsing history.
They also make it possible to improve the quality of our services by establishing anonymous statistics and by indicating the volume of visits and use of the various elements of our site in order to allow us to improve the ergonomics of our Store.
Most of the information transmitted automatically does not reveal your identity. They are only collected due to technological requirements inherent in browsing the Internet. Most browsers automatically accept Cookies, but it is generally possible to modify this automatism.
If you do not wish to receive Cookies, you can configure your web browser to limit or block them. All modern browsers allow you to modify the settings relating to Cookies, generally through their “Options” or “Preferences” menu.
If you deactivate Cookies, you will no longer be able to use all the interactive features of our Site.
Using such information allows us to improve service, personalize your experience and track it better. This information is also used for analytical and statistical purposes. These Cookies are manifold, some expire when you close your browser and have no effect, while others may be kept.
In certain situations, your data which is hosted by a third party may pass through servers outside of Canada. You acknowledge and release IMPACT SANTÉ + from any liability for the consequences of such a transfer.
2.5 SHARING OF PERSONAL INFORMATION
The personal information you provide may be collected and transmitted to partners and third parties for commercial purposes.
If you do not want this personal information to be communicated to third parties or partners, you can object to it at any time, as mentioned in the following section.
2.6 RIGHT OF OBJECTION AND WITHDRAWAL
We are committed to offering you a right of objection and withdrawal with respect to your personal information. The right of objection is understood as the possibility offered to Internet users to refuse that their personal information be used for certain purposes mentioned during collection. The right of withdrawal is understood to be the possibility offered to Internet users to request that their personal information no longer appear, for example, in a mailing list.
You also have the right to request access to the personal information we have collected about you and to correct it if necessary by contacting us. You can contact us to exercise the rights provided for in this Charter or for any other question by contacting us by email or phone:
Monday to Friday 9:00 a.m. to 4:30 p.m.
2.7 ANTI-SPAM LAW
IMPACT SANTÉ + complies with the requirements of the Canadian Anti-Spam Law (CASL). To unsubscribe from our electronic communications mailing list, simply contact us at firstname.lastname@example.org
The personal information we collect is kept in a secure environment. We have adopted appropriate measures to maintain the confidentiality of personal information and to protect it against loss, misappropriation or theft, as well as unauthorized access, communication, reproduction, use or modification, by taking into account, in particular, their sensitivity and the purposes for which they are used. In addition, we require that each employee, agent or representative of IMPACT SANTÉ + respect our Charter.
To ensure the security of your personal information, we may use the following measures:
- SSL (Secure Sockets Layer) protocol
- Regular update of security measures
- Computer backup
- Encryption of sensitive data
We are therefore committed to maintaining a high degree of confidentiality by ensuring the confidentiality of your transactions in order to protect your personal information and prevent it from being viewed, used or disclosed without authorization. However, since no mechanism offers maximum security, there is always some risk involved when using the Internet to transmit personal information.
3 GENERAL CONDITIONS OF ONLINE SALE
The Products offered in our Online Store are subject to photographs for information purposes only. Subject to the following provisions, the technical data of the Products displayed on the day of your Order are binding on you when you place an Order. Note that we may change this technical data at any time thereafter and the new technical data will then apply to your future Orders.
3.2.1 Conclusion of the sales contract
The sale is concluded when the Order and the required payment are validated by our system. Upon receipt of the Order, and after validation of payment, the Order is deemed to have been accepted by us. An invoice will be automatically issued or emailed indicating the sale price, freight charges, if applicable, and applicable taxes. Likewise, we will notify you in the event of refusal to accept an Order.
3.2.2 Order processing
The Products presented in the Store are normally available and the Site is updated regularly.
To proceed with the Order, you must proceed step by step:
- Select in your "Basket" the available Products and the chosen quantity. Quantity restrictions may be put in place depending on the circumstances.
- Identify yourself by filling in the information requested in the "guest" section.
- Proceed to the verification of your Basket
- Accept the CGUV and our Charter
- Proceed to payment
3.3 PRICE - PAYMENT - TAXES
All prices are in Canadian dollars, unless otherwise stated.
The prices of the selected Products may vary from day to day. Payment made online in accordance with the conditions set out makes it possible to secure the price for the current Order only.
Once the Order has been verified by you, you can proceed to payment for the Products by adding delivery costs, if applicable, and applicable taxes. Although we take the greatest care in the price indications of our Products, an obvious error is always possible. We reserve the right to modify the prices on our Shop.
Payment must be made by credit card (eg.VISA®orMASTERCARD®) or by bank transfer.
Credit card payments must be approved by the financial institution that issued the card. You declare to be the holder legally authorized to use these credit cards which will be used for the payment of the Order.
Full payment will be required for Product Orders priced at $ 5,000 or less excluding tax and delivery charges.
For Orders whose amount is greater than $ 5,000, 50% of the price will be required on the Order and the balance must be paid before delivery of the products. Impact Santé + will contact you when the order is ready to be delivered and you will be responsible for paying the balance according to the methods indicated above.
The overall price indicated on the Invoice is the final price, unless the indications for delivery have not been provided correctly and delivery has not been able to take place. You will then need to contact us to make new arrangements for delivery and payment of additional charges, if any.
Payment of the balance of the sale price must be made at the latest on delivery of the duly delivered Products, according to the methods indicated above. Ownership of the Products will not pass to you until full payment has been confirmed.
The costs of packaging, postage and routing are always your responsibility. Upon delivery, the Products always travel at the risk of the recipient. Delivery is by postal service or private carriers.
The prices displayed in our Boutique do not include GST / QST taxes which will be added to the prices of the Products.
We expect delivery within two weeks of the first payment required. On the other hand, considering the situation surrounding the pandemic (Covid-19) and that we are dependent on our Product suppliers, the delivery date (s) could vary as well as the quantities received. Therefore, when the Order is ready to be shipped, we will contact you by phone or email so that you pay the balance of the Order, if applicable, and confirm the time of delivery. Then the delivery will be made by the carrier of our choice. You must be present to receive the Products and will remain responsible for all additional costs (including, but not limited to, demurrage charges) resulting from your failure to take possession of the Products in a timely manner.
The delivery of the Products is dependent on their availability. We undertake to use commercially reasonable efforts to avoid any delay in the delivery of the Products within the agreed period. In the event of supply difficulties, we reserve the right to replace the Products ordered with Products of equivalent value, quality and functionality, or to deliver only part of the Products ordered to you. In this case, we will only invoice the purchase price of the Products actually delivered and refund you the difference from the price paid, if applicable.
Any delivery or shipment dates we give you are estimates only and we cannot be held responsible for any loss, or damage, cost or expense resulting from the non-delivery of all or any part of the Products according to the delivery or dispatch date announced. Failure to deliver on the agreed date will not be liable to damage of any kind whatsoever, nor to cancellation of the Order.
The risks of loss and damage to the Products may pass to you upon delivery of the Products by us to the carrier, for shipment to the address indicated on the Order. In all cases, it is your responsibility to safeguard your rights with regard to the carrier during delivery, by making any complaint to the latter, in accordance with the legal provisions in force.
As previously stated, ownership of the Products passes to you only after payment in full.
3.5 INSPECTION, ACCEPTANCE OR REJECTION
You have forty-eight (48) hours after receipt of the Products (the "Inspection Period") to inspect them and notify us in writing of any non-compliance in delivery or defects found in the products. Products. In the event of any deficiencies noted, our only obligation will be, at our option, to replace the defective Products, to repair them when possible, or to reimburse the purchase price of any Product not delivered or not in conformity with the Order. If, during the Inspection Period, you do not report in writing the non-compliance of a delivery with the Order or any defects found in the Products, you will be deemed to have accepted them without reservation.
For any questions regarding returns or rejections, you can contact us at the following address or telephone and specifying the Order number:
or by phone 1.514.249.4846
No returned Product will be accepted without our prior authorization. You must indicate the following information on the return slip:
- Product name, quantity, delivery date and date of purchase
- The reason for the return
- A copy of the invoice must accompany the return slip.
- We only accept Products in their original packaging.
We warrant that we have reasonably verified that our Products are free from defects in material or workmanship and conform to the written specifications of the manufacturer. All other guarantees, on the Products, representations, provisions concerning the quality, condition, description, merchantability, fitness for use or absence of infringement, are expressly excluded to the most extent permitted. by applicable law.
On your side, you are solely responsible for the decision to purchase the Products, their suitability for the needs of the entity for which this Order is placed and the way in which these Products are used and stored by you. Under no circumstances can we be held responsible, among other things, for a lack of suitability, use or conservation of the Products ordered for the purpose you were looking for. You will also be solely responsible for using the Products in any way or in an environment, or for any other purpose, for which the manufacturer did not design them, or in violation of the manufacturer's written recommendations or instructions.
3.7 LIMITATIONS OF LIABILITY
Our total liability arising out of this Order, whether contractual or otherwise, will, to the extent permitted by applicable law, be limited to damages in an amount equal to the amount paid for the Order by you, hereunder. . Under no circumstances can we be held liable for damages of any kind caused (including resulting from fault or negligence) resulting from or in connection with the contract, including, without limitation, loss of profits, good faith or work stoppage.
3.8 FORCE MAJEURE
We will not be liable for any failure or delay in performing any of the obligations under this Order if such delay or failure is due to a cause beyond our control, including without limitation , war, insurgency, terrorist attack, natural disasters, strike, epidemic, pandemic, power failure, or acts of governments in their sovereign capacity, the unavailability of overseas transport, the failure of public services and embargoes. We will inform you as soon as possible of the cause of the impediment and of its consequences on the obligations that bind us. As long as this cause continues, our responsibility cannot be engaged. If the cause for the suspension of our obligations continues beyond two months, then we will have the option of canceling the Order by sending you an email to this effect.
All information exchanged between us relating to our respective business or business activities will be treated by the other party as confidential. The party receiving confidential information will not disclose it to third parties without the prior written consent of the party issuing the information. The above does not apply to confidential information which i) are or legitimately enter the public domain, ii) are obtained from a third party legally, iii) are or have been generated independently by the receiving party, or iv) is properly disclosed in accordance with a legal obligation, order of a competent court and last resort or that of a competent regulatory body. Your information is and will remain your property and we may not use it for purposes other than those strictly necessary for the supply of the Products in accordance with the Order.
3.10 USE OF THE NAME OF A PARTY
Neither party may use the name or logo of the other party in any way other than that identified in this Order without first obtaining the written permission of the party that owns it.
3.11 ASSIGNMENT AND SUBCONTRACTING
Under no circumstances may you assign, transfer or otherwise alienate your rights or obligations under this Order, or subcontract, transfer or alienate them in any way, without our written consent and prior.
3.12 APPLICABLE LAW - INTERPRETATION - CONCILIATION - JURISDICTION
These T & Cs, as well as the Charter, are governed by the provisions of the laws of Quebec and those of Canada which apply therein, without regard to conflicts of laws. The clauses are interpreted by each other, giving each the meaning that results from all the T & Cs. In the event of a dispute, after attempting to reconcile, the parties submit to the exclusive jurisdiction of the courts of Quebec, sitting in the judicial district of Bedford with regard to any claim or other matter arising from or relating to the Order.
You declare to be of legal age and not to have acquired the Products for personal purposes. You also acknowledge having read and understood these T & Cs and the Charter. The entirety of these presents no misunderstanding or inconsistency for you, and you declare that you accept all of these T & Cs without any reservation.
3.14 ELECTION OF DOMICILE
IMPACT SANTÉ + elects domicile at its head office:
9670 Trans-Canada Highway,
Montreal (Qc), H4S 1V9
Phone. : +1 514-249-4846
The opening hours are:
Monday to Friday, 9 a.m. to 4 p.m. except holidays.
3.15 LEGAL NOTICE
HEALTH IMPACT PLUS 2020 INC.
1821 Lavoisier Street,
Ste-Julie, Quebec, Canada
NEQ: 1 175 356 873
First upload: March 03, 2020.
Last update : May 04, 2021,
Version number: 1.1.3