General Terms & Conditions
Last updated: September 10, 2020
WEBSITE USE AGREEMENT
Please read the following terms and conditions of use carefully before using this website, as it governs your use of the Site and constitutes your agreement to these terms. If you do not agree to these terms and conditions, you should not access nor use the Site.
This website is operated by lepetitduckshoppe.com. Throughout the site, the terms “we”, “us”, and “our” refer to lepetitduckshoppe.com, including all information, tools, and services available to you from this site. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the terms and conditions/policies referenced herein.
Le Petit Duck Shoppe, reserves the right to make changes to the Site and to these Terms of Use from time to time. When we make changes, we will post them here. You may wish to check this section from time to time, because by visiting the Site, you agree to accept any such changes.
These terms are in addition to any other agreements you may have with
Le Petit Duck Shoppe including the Privacy Policy, Return Policy, and Shipping Information.
You may use the Site only if you are of the age of majority in your jurisdiction of residence and can form a legally binding agreement under applicable law.
We reserve the right to refuse service to anyone for any reason at any time.
Your Account
When you create an Account with us, you must provide us information that is accurate, complete and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Account on our website.
When using the Site, you will receive a password and account designation upon completing the Site registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Le Petit Duck Shoppe of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You also agree to accept sole responsibility for any and all activity that occurs under your Account. Le Petit Duck Shoppe is not under any obligation to verify the actual identity of any person accessing the Site.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Placing an Order
By placing an order for goods through the site you warrant that you are legally capable of entering into binding contracts.
Your Information
If you place an order for goods available on the site, you may be asked to supply certain information relevant to your order including, without limitation, your name, your email, your phone number, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any order; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of your order.
Before placing an order, we will show you the item(s) selected for purchase, a description of such item(s), the price and applicable taxes, the shipping cost and any other information required by applicable laws. You understand that your order shall constitute an offer to purchase the selected item(s). Orders are not binding on Le Petit Duck Shoppe until accepted by return email confirming our acceptance of such order. Acceptance shall be subject to product availability and a valid payment.
Prices
Prices displayed on the site are quoted in Canadian Dollars. Although Le Petit Duck Shoppe will attempt to provide accurate pricing for all items on the site, we reserve the right to correct any errors in pricing or product information at any time, even after an order is placed. In the eventuality that you place an order for an item incorrectly priced, Le Petit Duck Shoppe may cancel such order and reverse the charges applicable to your payment.
Order Cancellation
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to:
- Goods availability
- Errors in the description or prices for Goods
- Errors in Your Order
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Order Returns
Any goods you purchase can only be returned in accordance with these Terms and Conditions and our Returns Policy.
Our Shipping and Returns Policy forms a part of these Terms and Conditions. Please read our Shipping and Returns Policy to learn more.
Accuracy & Modifications
We are constantly updating our offerings of goods on the website. The goods available on our website may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information regarding our goods on the website and in our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
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 shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Intellectual Property
The Site as well as all content included on it, such as trademarks, text, pictures, designs, graphics, logos, product names, audio clips, is the property of Le Petit Duck Shoppe , its affiliates or is licensed to Le Petit Duck Shoppe and is protected by Canadian and international copyright laws. The compilation of all content on this website is the exclusive property of Le Petit Duck Shoppe and is protected by Canadian and international copyright laws. Your use of the Site does not transfer to you any ownership or other rights in the Site or its content.
Feedback to Us
When you provide feedback, data, questions, comments or suggestions to Le Petit Duck Shoppe you waive any and all rights attached to such feedback, data, questions, comments or suggestions, including their moral rights therein. Le Petit Duck Shoppe shall be free to reproduce, use, disclose and distribute such feedback, data, questions, comments or suggestions to third parties (excepting personal information allowing to identify such users), without limitation. Additionally, Le Petit Duck Shoppe shall be free to use any ideas, concepts, know-how or techniques contained in such feedback, data, questions, comments or suggestions for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and/or services incorporating such feedback, data, questions, comments or suggestions.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Le Petit Duck Shoppe.
Le Petit Duck Shoppe has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions.
Upon termination, your right to use the Service will cease immediately. If you wish to terminate Your Account, you may simply discontinue using the Service.
Disclaimer & Limitation of Liability
YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR OWN RISK. THE INFORMATION ON THIS SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. LE PETIT DUCK SHOPPE SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE CONTENT OF THE SITE WILL BE ACCURATE, UNINTERRUPTED OR OTHERWISE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR SERVER UPON WHICH IT RESIDES ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS COMPLETELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES WILL LE PETIT DUCK SHOPPE, ITS DIRECTORS, OFFICERS, AFFILIATES, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF THE SITE, THE MATERIALS ON THE SITE, A DELAY OR INABILITY TO USE THE SITE OR OTHERWISE ARISING IN CONNECTION WITH THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Product safety and technical specifications provided by manufacturers are not verified by Le Petit Duck Shoppe. Customers should take reasonable and normal precautions in their use. Products are not intended as chew toys, unless otherwise indicated, and proper adult supervision is recommended for young children.
Indemnification
You agree to indemnify, defend and hold harmless lepetitduckshoppe.com and our parent, 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.
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.
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.
Governing Law and Dispute Resolution
You agree that all matters relating to access to, or use of, the Website, or any other hyperlinked website, shall be governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein, without giving effect to any principles of conflict of law. You agree that any claim brought against Le Petit Duck Shoppe will be brought exclusively in a court of competent jurisdiction in Province of Quebec. You do so voluntarily and are responsible for complying with all local laws.
If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting Le Petit Duck Shoppe.
Changes to Terms and Conditions
You can review the most current version of the Terms and Conditions 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.