Policy and Conditions
GENERAL TERMS AND CONDITIONS.
Conditions of use
By accessing and browsing this website, you accept without limitation or qualification the terms and conditions set forth herein. It is important that you read these terms and conditions. If you fail to read these terms and conditions, you are nevertheless bound by the totality of the terms and conditions contained herein. If you do not agree with any of the terms, please do not use this website.
This website and the terms and conditions set out herein are applicable only to those users residing in Canada who access the websites operated by Freedivegears, as listed on www.freedivegears.com.
Age of Majority
This website is directed for use by adults. If you are under the age of majority in the jurisdiction in which you reside, your parent or guardian should use this website on your behalf and you should not use this website on your own or provide any personal information while accessing this website.
You hereby authorize the exchange of internet documents and information between you and freedivegears in accordance with the terms of this section, or by email, and you agree that this Agreement in electronic form is equivalent to an original written agreement between you and freedivegears. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Exclusion of Warranties and Limitation of Liability
EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT AND SUBJECT TO ANY LAWS, IN YOUR JURISDICTION, THAT COULD PROHIBIT OR LIMIT, IN WHOLE OR IN PART, THE SCOPE OF THE PRESENT EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY, LA CORDÉE, ITS AFFILIATES, THEIR DIRECTORS, ADMINISTRATORS, EMPLOYEES, AGENTS, INDEPENDENT CONTENT SUPPLIERS, SPECIAL PARTNERS, MANDATARY SUPPLIERS OF LICENSE AND OTHER PERSONS WITH WHOM LA CORDÉE IS BOUND OR HAS A BUSINESS RELATIONSHIP WITH (COLLECTIVELY THE “BENEFICIARIES”) DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE TRANSACTIONS, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, DURABILITY, SUITABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSES, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
IN NO EVENT WILL LA CORDÉE AND ITS BENEFICIARIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOST SAVINGS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, PUNITIVE, EXEMPLARY, AGGRAVATED OR ECONOMIC DAMAGES, ARISING OUT OF THE PRODUCTS PROVIDED BY LA CORDÉE OR OTHERWISE RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONDUCTED ON OR FROM THE WWW.FREEDIVEGEARS.COM WEBSITE, EVEN IF FREEDIVEGEARS OR ANY OF ITS BENEFICIARIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. IN NO CASE WILL FREEDIVEGEARS’S OR ITS BENEFICIARIES’ TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) BE FOR MORE THAN THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCTS ORDERED UNDER THIS AGREEMENT AND TO WHICH THE CLAIM RELATES. IN NO EVENT WILL FREEDIVEGEARS OR ITS BENEFICIARIES BE LIABLE TO YOU FOR DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF: TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, LA CORDÉE’S CONTRACTORS, THE INTERNET BACKBONE, THIRD-PARTY SUPPLIERS OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS, MANDATARIES OR SUBCONTRACTORS, OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF FREEDIVEGEARS.
YOU AGREE TO DEFEND AND HOLD HARMLESS LA CORDÉE AND ITS AFFILIATES AGAINST ALL CLAIMS, LOSSES OR DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM OR CAUSED BY A BREACH OF THE FOREGOING AND YOUR USE OF THE PRESENT WEBSITE, INCLUDING ANY CLAIM FOR INTELLECTUAL PROPERTY INFRINGEMENT.
THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT.
Governing Law and Jurisdiction
This website and its servers are located in the Province of Quebec in Canada. The parties elect domicile in the judicial district of Montreal. The terms, this website, any use of this website and any transaction conducted on or from it shall be governed by the laws of the Province of Quebec and the laws of Canada applicable therein, without reference to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Products sold or delivered under this Agreement shall be subject to export control laws and regulations of Canada. You agree to comply at all times with all such laws and regulations. You will defend and hold Freedivegears harmless against all claims, damages or liability resulting from breach of the foregoing.
The headings of this Agreement are inserted for convenience of reference only and do not affect the construction or interpretation of this Agreement.
You may not assign your rights or obligations under this Agreement without the express written consent of Freedivegears.
This Agreement shall be binding upon and enure to the benefit of each of the parties hereto and their respective successors and permitted assigns.
The provisions of this Agreement shall be deemed severable. Should any provision of this Agreement be declared unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such declaration shall not affect the validity and enforceability of any other remaining provisions.
This Agreement, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and FREEDIVEGEARS relating to the subject matter hereof, the use of this website and any transactions conducted on or from this website, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by FREEDIVEGEARS making such amendments or modifications available to you pursuant to this Agreement.
The failure of FREEDIVEGEARS to enforce any provision of this Agreement or to respond to a breach by you or by any third party to this Agreement shall not in any way constitute a waiver by FREEDIVEGEARS of its right to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.
The terms “you” and “your” refer to the person accessing the using the www.freedivegears.com website, for any reason whatsoever.
This section with respect to your personal privacy indicates that FREEDIVEGEARS may collect and use your personal information.
FREEDIVEGEARS will collect personal information about you (such as, your name, address, telephone number or email address) only if you provide it to us voluntarily by completing and submitting a paper form or online (or by contacting a customer service agent). In addition, some of our interactive promotions may invite you to send us names, email addresses, residential addresses or other information about people that you refer to us, in order to participate in certain promotions, including offers of samples, products or services offered by FREEDIVEGEARS online (“Products”). You can decide not to give such references, although this may affect your eligibility to participate in any such promotion.
Use of Personal Information
FREEDIVEGEARS may collect and use your personal information to better understand your needs and how we can improve the Products and services we offer to you, as well as to contact you. Your personal information may be disclosed to employees of FREEDIVEGEARS in connection with services they provide to FREEDIVEGEARS. Otherwise, FREEDIVEGEARS will not disclose your personal information to others without your consent. The information and promotions offered on this website are intended only for residents of Canada and are valid only in Canada, unless otherwise indicated on this website. We may occasionally ask you to confirm that you reside in Canada to verify that the information provided to us is accurate.
FREEDIVEGEARS has pledged to keep secure the data you provide to us and shall take reasonable precautions to protect your personal information against loss, misuse or adaptation. We ask the people to whom FREEDIVEGEARS provides access to your personal information in connection with providing services to FREEDIVEGEARS to confirm their commitment to respect the confidentiality of such information and to prohibit use of such information for any purpose other than those for which they were transmitted.
In order that the transmission of information from you to this website is safe, all the data transmitted through an online order or by submitting a form must by accompanied by a Secure Socket Layer (“SSL”) 128 bit browser, otherwise the data will be denied. This ensures to reduce the risk of computer attacks. If the SSL protocol is not supported by your current browser, you can install the necessary updates on the website of the internet provider (such as Microsoft, Netscape, etc.).
In order to offer a safe experience when shopping online and to maximize your protection, FREEDIVEGEARS associates itself only with recognized service providers with extensive experience in the sector (Moneris, Visa, Verisign, Mastercard, Interac, etc.). In addition, to ensure maximum security of data related to transactions by credit card, FREEDIVEGEARS adheres to the current safety criteria provided under the Payment Card Industry (PCI) and Data Security Standards (DSS).
Automatic Collection of Non-Identifying Information
We may collect information about you that is not registered; for example, the type of Internet browser or operating system of your computer and the domain name of the website from which you have established the link with this website. In addition, upon accessing this website, we may store some information on your computer, known as a “cookie” (located on your hard drive, a small file that a website automatically sends to your computer when you connect to the website, containing information about your use of the Internet) or a similar file. Cookies allow us to tailor a website or promotion to better match your interests and preferences. Most internet browsers allow you to erase cookies from the hard drive of your computer, block all cookies or receive a warning before a cookie is stored by a website. Please refer to your browser instructions or help screen to learn more about these functions. FREEDIVEGEARS can bind non-personal information collected automatically to personal information obtained in advance in accordance with the foregoing.
FREEDIVEGEARS reserves the right to amend the terms of this section at any time without notice, except to reduce the security of your experience on our website.
Use of This Website
You may browse on this website only for personal non-commercial and online shopping purposes. None of the contents or material of this website, subject to the following exceptions, may be distributed, modified, communicated, transmitted, revised or subjected to any other similar use, in whole or in part, without the express written consent of FREEDIVEGEARS or as permitted by FREEDIVEGEARS, except for certain usage of online tools (links such as, Twitter, Facebook, Flicker, and YouTube).
The material of this website may be subject to copyright laws and other intellectual property rights and unauthorized use of such material may constitute a violation of the laws on copyright, trademarks and other such laws to protect intellectual property. The use of any equipment or any trademarks other than those specifically mentioned herein is strictly prohibited.
Except as otherwise provided in the previous section on respect for privacy, any material, information or other communication you transmit or post on this website (“Communications”) will be considered non-confidential and non proprietary. FREEDIVEGEARS, its affiliates, or others may copy, display, transmit, disclose, communicate or otherwise use the Communications. You are prohibited from posting or transmitting to or from this website any unlawful, threatening, defamatory, profane, obscene or pornographic material or any material that infringes the copyright or other rights to intellectual property of third parties if used without the authorization of the latter, or software that contains a virus, defect or other harmful or disruptive component. By transmitting any Communications to this website, including Communications posted to the site chat rooms, bulletin boards or other similar forums, you warrant that such Communications are original to you or that you have authorization to publicly communicate and you waive all moral rights and other similar rights worldwide in those Communications.
Links and references to other third-party websites (not under control of FREEDIVEGEARS) are provided to you as a convenience only. FREEDIVEGEARS has not reviewed and does not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such links, and does not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon.
FREEDIVEGEARS reserves the right to modify, alter or otherwise update the terms applicable to this website from time to time, without prior notice.
TERMS AND CONDITIONS OF SALE
This section sets forth the terms and conditions applicable to online purchases of Products from LA CORDÉE using the www.freedivegears.comwebsite. FREEDIVEGEARS reserves the right to modify these terms and conditions without prior written notice at any time, in its sole discretion.
Before submitting an order for the purchase of Products using this website, you will be shown an order confirmation screen (the “Order Confirmation”) describing, among other things, the Product(s) that have been selected, the purchase price and any applicable charges for shipping and taxes. Unless provided for otherwise in virtue of the Quebec Consumer Protection Act, when you submit your order (by pressing the [“Confirm”] button), such order will constitute an offer from you to FREEDIVEGEARS to purchase the Product(s) described in the Order Confirmation, for the price and subject to the other charges, terms and conditions set out in the Order Confirmation. Orders are not binding on FREEDIVEGEARS until accepted by FREEDIVEGEARS. FREEDIVEGEARS’s acceptance of your order is evidenced by a return e-mail from FREEDIVEGEARS indicating that your order has been accepted.
Cancellation and Product Availability
FREEDIVEGEARS reserves the right, in its sole discretion, to terminate accounts, to limit quantities, and to refuse or cancel any order, including after the order has been submitted, whether or not the order has been confirmed and your credit card charged. In the event that your order is cancelled after your payment has been processed, FREEDIVEGEARS will issue a full refund. In the event that the price or related information for a Product is incorrect due to an error in pricing or product information, FREEDIVEGEARS will contact you to ask you to place a new order for the Product. The availability of certain Products may be limited, and Products may not be available for immediate delivery. FREEDIVEGEARS may revise or cease to make available any Products at any time without prior notice. In the event that FREEDIVEGEARS is unable to deliver you a Product ordered due to lack of availability, FREEDIVEGEARS will notify you via email and your order will be automatically cancelled with respect to such unavailable Product, provided that FREEDIVEGEARS may, in its sole discretion, contact you in order to allow you to maintain your order subject to a revised delivery time if and when the Product becomes available.
All prices quoted are payable in Canadian Dollars. Although FREEDIVEGEARS strives to provide accurate Product and pricing information, errors may occur. FREEDIVEGEARS reserves the right to correct any errors in pricing or product information and to modify the prices of Products, at any time, without prior notice. FREEDIVEGEARS cannot confirm the price of a Product until after you submit an order for the Product. FREEDIVEGEARS cannot force you to buy a Product at a higher price.
Terms of payment shall be determined by FREEDIVEGEARS, in its sole discretion. Payment shall be made by credit card unless some other pre-arranged method of payment has been accepted by FREEDIVEGEARS. Any payments made by credit card are subject to the approval of the financial institution that has issued the credit card.
Shipping & Taxes
FREEDIVEGEARS will ship the Product(s) you ordered according to the delivery method you have chosen and to the address (FREEDIVEGEARS will only ship Products to addresses located in Canada) indicated in the Order Confirmation. Delivery times provided by FREEDIVEGEARS are estimates only. FREEDIVEGEARS shall not be responsible for any damages or costs resulting from any delays in delivery.
Unless otherwise stated, all prices quoted do not include shipping and handling charges and applicable federal and provincial sales taxes. Separate charges for shipping and handling and taxes will be shown on the Order Confirmation for each order, as applicable. You must pay for all sales, use, goods and services, harmonized sales, and other taxes and duties associated with the order before the Products are shipped to you.
Ownership & Risk of Loss
All Product(s) purchased from FREEDIVEGEARS are delivered to you by a third party delivery company, pursuant to a shipping contract. You shall become the owner of the Product(s) and shall assume the risks of loss at the time of delivery by FREEDIVEGEARS of the Product(s) to the third party delivery company.
All Product returns are subject to FREEDIVEGEARS returns policy, the terms of which are incorporated herein by reference and available on the www.freedivegears.com website. Some restrictions may apply.