Mustela.ca (the “Website” or the “Site”) is operated by Prestilux inc. with the authorization of the company Laboratoires Expanscience.
Mustela.ca (the “Website” or the “Site”) is operated by Prestilux inc. with the authorization of Laboratoire Expanscience located at 1 Place des Saisons – 92048 Paris La Défense Cedex (France). These general conditions of sale (the “Conditions”) constitute an agreement between Prestilux inc. having a place of business at 3537 boul. Le Corbusier, Laval (Québec), H7L 4Z4, Canada, on behalf of itself and its parent company and each of its affiliated companies, where applicable (collectively, “Prestilux”, “we”, “us” and “ our) and you.
PLEASE READ THESE TERMS CAREFULLY. BY VISITING, USING AND/OR PURCHASING A PRODUCT FROM THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU REFUSE TO BE BOUND BY THESE TERMS, IN WHOLE OR IN PART, DO NOT USE THE WEBSITE OR PURCHASE PRODUCTS THROUGH THIS WEBSITE.
1.1 Access to the Website. This Website is intended only for Canadian consumers aged 16 and over. If you use this Website, you represent and warrant that you are of legal age to enter into a purchase agreement through the Website and be bound by the Terms.
1.2 Features. The Website allows you in particular to consult the product offer, to purchase certain products, to share your impressions on the products and to consult the comments made by other users on the products they have purchased. We may also offer new services and/or features through the Website (including the release of new tools and resources); these new services and/or features will then be subject to these Conditions.
1.3 Accuracy of Information. We use commercially reasonable efforts to ensure that the information available on our Website is accurate and up-to-date. However, some information may contain typographical errors, inaccuracies or minor omissions. In this case, and to the extent permitted by law, we reserve the right to correct any such minor error, inaccuracy or omission on our Site without affecting orders placed or in progress.
1.4 Privacy Policy. Any collection and use of your personal information through the Website is governed by our Privacy and Cookies Policy, which forms part of these Terms. In the event of a conflict between the terms of the Terms and those of the Privacy and Cookies Policy with respect to the collection and use of your personal information, the terms of the Privacy and Cookies Policy will prevail.
1.5 Information Security. You acknowledge and agree that content you submit via the Website may be transferred unencrypted to various networks; such transfer may involve changes to conform and adapt to technical requirements of connecting networks or devices. However, your personal information remains protected in accordance with our Privacy Policy and, and credit card information is always encrypted, including during any transfer over networks.
1.6 Restrictions. You may not, under any circumstances, directly or indirectly: (i) use our Website, its components and our products for any illegal or unauthorized purpose; (ii) violate applicable laws including, but not limited to, applicable intellectual property laws; (iii) copy, modify or create derivative works from the Website or its components; (iv) use the Website, its components or non-products for purposes other than those strictly provided for in these Conditions; (v) transmit spam or other unsolicited content through the Website; (vi) collect, extract or harvest, or attempt to do so, any personal information of third parties from the Website; (vii) impersonate another person or misrepresent your affiliation with a person or entity, commit fraud, hide or attempt to hide your identity, or solicit others to perform or participate in any illegal acts; (vii) interfere with the proper working of the Website; (ix) access any content on the Website through technology or means other than those provided or authorized by the Website; (x) circumvent the security measures of the Website; (xi) modify, disassemble, decompile, reverse engineer or adapt the Website.
1.7 Investigations and Prosecutions. Prestilux reserves the right (but not the obligation) to investigate any actual or potential violation of these Terms and to take necessary measures to terminate it. In the event of a violation of these Terms, Prestilux reserves the right to deny you access to the Website in addition to any other remedies Prestilux may have under applicable laws.
2.1 Creation of accounts. Access to certain aspects of the Website may require the creation of a user account. When paying for your order, you will also be able to connect via your accounts with payment providers (Shop Pay). If you choose to register and create an account on the Website, you will be required to provide us with certain information which must be complete, current and accurate and you will be required to keep it up to date to ensure its accuracy at all times. You will also need to choose a unique username, as well as a secure password.
2.2 Responsibility for your account. You are entirely responsible for maintaining and preserving the confidentiality of your account and password. Without limiting the generality of the foregoing, you are entirely responsible for all activities that occur under your account. You agree to immediately notify Prestilux of any unauthorized use of your account or any breach of security.
2.3 Prohibitions. You may not create an account for another person without their prior authorization, nor may you create fraudulent accounts. You may not use another person's account except with the authorization of the account holder as a duly authorized agent.
2.4 Account Security. Although we use commercially reasonable security measures to protect your personal information, we cannot guarantee that unauthorized third parties will never be able to violate the security measures of the Website or make inappropriate use of your personal information. .
2.5 Deleting your account. Prestilux reserves the right to delete any account inactive for more than one (1) year or at the request of its holder.
3.1 Ownership of the Website and its components. The Website and its components are, as between the parties, the exclusive property of Prestilux and, unless expressly stated to the contrary in the Conditions, nothing herein shall be construed as conferring on you any right, title or interest in and in the Website and/or its components. Without limiting the generality of the foregoing, the trademarks, trade names, logos, text, images, information and descriptions displayed on the Website are the exclusive property of Prestilux or its licensors. You may use the Website and its components only for personal, private and non-commercial purposes. No other use of the Website or its components is permitted.
3.2 Your Content. As between us, you retain ownership of any text or other material that you post on or communicate via the Website or provide to Prestilux hereunder (collectively, the “Content”). By submitting Content via the Website, you grant Prestilux a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable license to reproduce, publish, modify and generally use the Content in connection with the Website and our products. You also agree to complete and sign all documents that Prestilux may reasonably require, in order to give full effect to this provision. At all times when providing Content hereunder, in addition to other prohibitions set forth in the Terms, you agree not to make any representation that could be deemed, in Prestilux's sole and absolute discretion, to be: (i ) being harassing, abusive, insulting, racist, hateful, homophobic, sexist, immoral (or any use of discriminatory language), or intended to harm, defame, slander, disparage, intimidate or discriminate based on gender, orientation gender, religion, ethnicity, race, age, national origin or disability; (ii) containing vulgar, obscene or malicious language; or (iii) disclosing personal information or confidential information of others. You acknowledge and agree that you are solely responsible for all Content you provide hereunder. Therefore, you represent and warrant to Prestilux that: (y) you are the sole and exclusive owner of the Content, or that you have all rights, licenses, permissions, consents and releases to grant Prestilux the rights to such Content; and (z) that neither the Content, nor its reproduction, publication, modification and generally, its use by Prestilux violates or will violate the rights of third parties, including intellectual property rights and image rights, or any law or regulation, Canadian or foreign. You acknowledge and agree that Prestilux has no obligation to review the Content posted on the Website, but has the right to do so, in order to ensure compliance with these Terms, applicable laws, court orders, government standards or any other applicable requirements.
3.3 Third Party Content. Through the Website, you may use and/or access content provided by third parties. Prestilux cannot guarantee that this content will be free of any material or information that you may find objectionable. Prestilux disclaims all liability related to any such content.
3.4 Complaint. If you consider that content violates one or other of the provisions of this article 3, Prestilux invites you to file a complaint which will be treated confidentially, by contacting us at the address mentioned in the “Contact us” section. " below.
4.1 Availability of Products. Some products may be available in limited quantities. We reserve the right to limit the quantities of any product we offer, but in this case, we will notify you adequately if we do not have a product in sufficient quantity to meet public demand.
4.2 Orders. For any purchase of products, you must complete the order form made available to you on the Website. At any time before the transaction is completed, you will have the right to accept, correct or refuse your order. Once the order is completed, a payment receipt will be sent to you by email with the order confirmation. Thereafter, you may only cancel your order to the extent permitted by law and herein.
5.1 Prices and taxes. The sales price is that displayed in the summary of your order. Unless otherwise noted, product prices listed on the Website do not include applicable federal or provincial sales taxes. Applicable taxes will be indicated separately in your order summary.
5.2 Payment terms. Prestilux will require full payment for the products ordered upon your acceptance of your order summary. To make your payment, you will be redirected to the external Shopify transactional platform. You will be subject to the conditions of use of this external transactional platform. Prestilux only accepts payments made by credit card, in accordance with the terms and conditions required by the external transactional platform Shopify.
5.3 Promotional offers. To the extent that a product offered on our Website is the subject of a promotional offer, it will be subject to the terms and conditions of this offer, in particular as to its limits of use, if applicable.
5.4 Currency. Unless otherwise indicated on the Website, all prices displayed on the Website are in Canadian dollars.
5.5 Pricing Error. Although we endeavor to ensure that all prices on the Website are accurate, errors may occur. If we discover an error in the price of the products you have ordered after your order, we will notify you as soon as possible and give you the choice of confirming your order at the correct price or canceling it. If we are unable to contact you after ten (10) business days, we will cancel your order and refund all fees paid in connection with any order so canceled.
6.1 Delivery. The products ordered will be delivered in accordance with the delivery method and location indicated in your order confirmation. It is important to note that the third party carrier doing business with Prestilux, ICS Courier, can only deliver to a physical address and not to PO Boxes. Once the order is confirmed, you will receive a shipping confirmation with a tracking number. All delivery times provided are estimates. If you have not received your order within ten (10) days of receiving shipping confirmation, please contact ICS Courier for more information on the status of your order. You will also have the option to choose other third-party carriers such as Canada Post or Fedex for certain additional fees that will be indicated to you before your transaction.
6.2 Risks and Title. You will assume the risks relating to the products ordered from their delivery. Title to the products will only pass to you when we have received full payment of the amounts due in respect of the products, including delivery costs.
6.3 Cancellation. You will be entitled, at any time and free of charge before delivery of your product, to cancel the order if you have not received it within thirty (30) days following the date indicated on the confirmation of your order or the shipping confirmation date, if the order confirmation does not indicate a delivery date.
In the event of an error on the part of Prestilux or a problem regarding the quality of a product, please write to us at support@mustelacanada.gorgias.com within seven (7) days of receipt of the product(s). products and explain to us what the defect(s) observed consist of. Please provide our customer service team with photographs of the products covered by your request, as well as a copy of the packing slip and any other documents included with your delivery. To the extent that your request actually concerns an error on the part of Prestilux or a defective product, Prestilux will send you a replacement product within a reasonable time following receipt of your email transmitted under this paragraph. Except for the replacement procedure provided for in this article, Prestilux will not accept any returns of products and will not exchange or refund any products.
You may have the opportunity to participate in contests or promotions (collectively, “Contests”) offered on the Website. These Competitions will be subject to the conditions applicable to them, which may be available on the Website. Failure to comply with the conditions of participation in a Competition may result in the participant's disqualification from the Competition and/or suspension or deletion of his or her account on this Website.
9.1 Hyperlinks. Certain content, products and services available through our Website may include hyperlinks to third party websites that are not affiliated with us (collectively, “External Sites”). You acknowledge and agree that Prestilux is not responsible for the availability of these External Sites, nor for the accuracy of the content, products or services available on these External Sites. Hyperlinks to External Sites do not imply that Prestilux approves or endorses these External Sites. You acknowledge and agree that you assume all risks arising from your use of the External Sites. By using the Website, you expressly release Prestilux from any liability arising from your use of any External Site.
9.2 Third Party Content. We may give you access to third-party tools over which we have no control or influence. You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis without any warranties, representations or conditions of any kind and without any endorsement. You acknowledge and agree that you bear all risks arising from your use of these third-party tools. By using the Website, you expressly release Prestilux from any liability arising from your use of any third party tools.
IN NO EVENT SHALL PRESTILUX BE HELD LIABLE TO YOU FOR ANY INTERRUPTION, SUSPENSION OR INABILITY TO ACCESS THE WEBSITE INCLUDING IN THE EVENT OF FAILURES, NETWORK PROBLEMS, FORCE MAJEURE OR EVENTS BEYOND OUR CONTROL, OR ANY DAMAGE THAT MAY RESULT FROM THIS. PRESTILUX MAY, AT ANY TIME AND WITHOUT NOTICE, TEMPORARILY INTERRUPTE ACCESS TO THE WEBSITE FOR MAINTENANCE REASONS ASSOCIATED WITH ITS PROPER OPERATION, WITHOUT HAVING TO GRANT COMPENSATION. IN ADDITION AND TO THE FULL EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL PRESTILUX BE LIABLE FOR ANY LOSS OR DAMAGE RELATING TO YOUR COMPUTER SYSTEM, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, TRANSMISSION OF VIRUSES, INTRUSION ATTEMPTS AND HACKING OF DATA, FILES OR PROGRAMS CONTAINED THEREIN, TO THE EXTENT SUCH LOSSES OR DAMAGE DOES NOT RESULT FROM ANY FAULT OF PRESTILUX OR A BREACH OF ITS OBLIGATIONS BY VIRTUE OF THE PRESENT.
11.1 Entire Agreement; amendments. These Terms, including the Privacy and Cookies Policy, constitute our entire agreement regarding your use of the Website, including the purchase of products via the Website and supersede all prior agreements, understandings, representations and understandings, oral or written, previous. We reserve the right to revise and modify these Terms at any time; you will be subject to the terms and conditions in force at the time you order our products, unless a change in these terms is required by law or applicable regulatory authorities in which case, the change will apply from the time provided for in the law or relevant regulatory authorities.
11.2 Notices. We may give you any required legal notices (including service of process) by any legal method, including posting notices on the Website or sending notices to any email address that you provide when establishing your account on the Website or that you provide in any other interaction with us or the Website. You agree to send us notices by posting them to Prestilux, 3537 boul. Le Corbusier, Laval (Quebec), H7L 4Z4, Canada.
11.3 Waiver; divisibility. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If a court of competent jurisdiction determines that any provision of the Terms, in whole or in part, is void, invalid, illegal or unenforceable, such determination shall not affect the remaining provisions of the Terms, each such provision being separate and severable.
11.4 Survival of Provisions. Provisions which by their nature should survive the expiration or termination of these Terms will survive such expiration or termination.
11.5 Assignment. You may not assign or transfer these Terms or any rights or obligations hereunder.
11.6 Force majeure. Except for obligations relating to payment, each party will be released from its obligations to the extent and for the period that it is unable or prevented from fulfilling said obligations by circumstances beyond its will and beyond its control and will not will not be liable to the other party for any damage suffered.
Prestilux welcomes your comments and questions, which can be sent to support@mustelacanada.gorgias.com