1- USE OF THIS WEBSITE
This Website (the “Website”) is owned and operated by La Compagnie Louwana Creek (“LOUWANA CREEK”) for your personal and non-commercial use and information. Your use of this Website is subject to the following Terms and conditions of use and sale (the “Terms”) and all applicable laws. By accessing and browsing this Website, you accept, without limitation or qualification, these Terms. If you do not agree with any of the Terms, please do not use this Website.
LOUWANA CREEK reserves the right to change, modify, alter, add, remove or otherwise update the Terms (or any portion thereof) applicable to this Website without prior written notice at any time, and from time to time, at LOUWANA CREEK’s sole discretion. We will notify you of any such changes, modifications, alterations or updates to this Website by posting notice of change on this Website. Following the posting of any such notice, your continued use of this Website will constitute your acceptance of the new Terms and other policies, as modified, and you will be bound by said new Terms and policies.
LOUWANA CREEK’s Products and services available through this Website (the “Products”) may be ordered by persons who reside in Canada and, on request, the United States. This Website is not intended for access or use outside Canadian territory. You are responsible to ensure that your access to this Website and the information and material available on or through it are legal in each jurisdiction in or through which you access or view the Website and such information and material.
The Terms “we”, “us”, and “our” used in these Terms also refers to LOUWANA CREEK.
2- ACCEPTABLE USE POLICY
As a condition of your use of this Website, you hereby represent and warrant to LOUWANA CREEK that you:
4- YOUR ACCOUNT
If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. This Website is directed for use by adults. Those under the age of 13 should not use this Website. In addition, if you are aged 13 or older but 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 the Website on your own or provide any personal information to LOUWANA CREEK. LOUWANA CREEK does not knowingly collect information from children under the age of 13. LOUWANA CREEK reserves the right to refuse service, terminate accounts or cancel orders by their sole discretion.
5- PRODUCT INFORMATION AND AVAILABILITY
Products which may be purchased from this Website are available for sale and distribution to customers in Canada and on request to customers in the United States only. LOUWANA CREEK attempts to be as accurate as possible in describing all Products available for sale and/or distribution. However, LOUWANA CREEK does not warrant that product descriptions or other content of this Website are accurate, complete, reliable, current or error-free. Please note that because the colors of the Products you see will depend on your monitor, LOUWANA CREEK cannot guarantee that your monitor will display the exact actual color of a product displayed.
The availability of certain Products may be limited, and Products may not be available for immediate sale. LOUWANA CREEK may revise or cease to make available any Products at any time without prior notice. In the event that the LOUWANA CREEK is unable to deliver to you a product ordered due to lack of availability, we will notify you via e-mail and your order will be automatically canceled with respect to such unavailable product.
6- PRODUCT ORDERS
Before submitting an order for the purchase of Products using this Website, you will be shown an order confirmation place order screen describing, among other things, the Product(s) to be ordered, the purchase price and any applicable charges for shipping and taxes. When you submit your order, such order will constitute an offer from you to LOUWANA CREEK 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 LOUWANA CREEK until they are accepted. LOUWANA CREEK’s acceptance of your order is evidenced by the confirmation e-mail from LOUWANA CREEK indicating that your order has been accepted.
THIS SITE AND ITS CONTENTS ARE NOT TO BE CONSTRUED AS AN OFFER TO SELL ANY PRODUCT OR SERVICE.
7- PRODUCT PRICING
All prices and product orders are quoted and shall be processed in Canadian dollars. Although LOUWANA CREEK strives to provide accurate product and pricing information, errors may occur. LOUWANA CREEK 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. In the event that the price or related information for a Product (as described on the Site and/or the order confirmation) is incorrect due to an error in pricing or product information, LOUWANA CREEK may, at its sole discretion, refuse or cancel your order, whether before or after LOUWANA CREEK’s acceptance thereof. If there is such an error in pricing, LOUWANA CREEK will cancel your order and reverse any charges that have been applied, then contact you to ask you to place a new order for the product at the correct price.
LOUWANA CREEK reserves the right, in its sole discretion, to limit quantities, terminate accounts and to refuse or cancel any order, including after the order has been submitted, whether or not the order has been confirmed or accepted and your credit card charged. In the event that your order is cancelled after your payment has been processed, LOUWANA CREEK will issue a full refund.
9- PAYMENT TERMS
Terms of payment for any Products purchased through this Website shall be determined at LOUWANA CREEK’s sole discretion. Payment shall be made by credit card unless some other pre-arranged method of payment has been accepted by LOUWANA CREEK. Any payments made by credit card are subject to the approval of the financial institution that has issued the credit card.
10- SHIPPING AND TAXES
LOUWANA CREEK will ship the product(s) ordered by you according to the delivery method you have chosen and to the address indicated in the order confirmation. Delivery times provided by LOUWANA CREEK are estimates only. LOUWANA CREEK 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, state and provincial sales taxes. Separate charges for shipping and handling and taxes will be shown on the order confirmation for each order, as applicable.
11- EXPORT LAWS
Products sold or delivered under these Terms 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 LOUWANA CREEK harmless against all claims, damages or liability resulting from breach of the foregoing.
All Product returns are subject to the LOUWANA CREEK Returns Policy.
13- OWNERSHIP; RISK OF LOSS
All Product(s) purchased from LOUWANA CREEK 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 LOUWANA CREEK of the Product(s) to the third party delivery company.
14- EXCLUSION AND DISCLAIMER OF WARRANTIES
YOU ARE USING THIS SITE AT YOUR OWN RISK. LOUWANA CREEK MAKES NO REPRESENTATION OR WARRANTY REGARDING THE FUNCTIONALITY, THE GOOD WORKING ORDER OR CONDITION OF THIS WEBSITE, ITS SUITABILITY FOR USE, OR THAT ITS USE, OR ANY INFORMATION OR MATERIAL, INCLUDING ANY DOWNLOADABLE SOFTWARE, ACCESSED FROM OR THROUGH THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. LOUWANA CREEK DOES NOT REPRESENT, WARRANT OR UNDERTAKE THAT ANY ERRORS ON OR RELATING TO THIS WEBSITE WILL BE CORRECTED, OR THAT ANY SERVER FROM WHICH THE WEBSITE IS OPERATED IS OR WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
EXCEPT AS EXPRESSLY PROVIDED FOR IN THESE TERMS, THIS WEBSITE AND ALL MATERIALS, PRODUCTS AND INFORMATION PROVIDED THROUGH OR ON THIS WEBSITE ARE PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND LOUWANA CREEK DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION (i) WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE TRANSACTIONS, PRIVACY, OR SECURITY, (ii) ACCURACY, ADEQUACY OR COMPLETENESS OF THE SITE AND THE CONTENT THEREOF, THE INFORMATION, MATERIALS AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEBSITE, ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED WEBSITE; OR (iii) 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. THESE EXCLUSIONS ARE IN ADDITION TO ANY SPECIFIC EXCLUSION OTHERWISE PROVIDED IN THESE TERMS.
BECAUSE CERTAIN FEDERAL, STATE OR PROVINCIAL LAWS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOUWANNA CREEK AND THEIR SUPPLIERS DO NOT PROVIDE ANY WARRANTY OF ANY NATURE WHATSOVER, EXPRESSLY OR IMPLICITY FOR THE PRODUCTS ADVERTISED OR PURCHASED FROM LOUWANA CREEK’S WEBSITE. FOR MORE CERTAINTY AND WITHOUT LIMITING THE GENERALALITY OF THE FOREGOING, LOUWANA CREEK WILL NOT BE LIABLE FOR ANY DEFECT OR DEFICIENCY OF ANY PRODUCT ADVERTISED OR PURCHASED FROM THEIR WEBSITE NOR WILL THEY BE LIABLE FOR ANY DEFECT OR DEFICIENCY OF ANY PRODUCT PURCHASED FROM THEIR WEBSITE WHERE THE DEFECT OR DEFICIENCY DOES NOT RESULT FROM NORMAL USE OR IS THE RESULT OF MISUSE OR ANY MODIFICATION OF THE PRODUCT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LOUWANA CREEK BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO, ANY LOST DATA, LOST PROFITS, LOST SAVINGS, LOSS OF GOODWILL, LOST BUSINESS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE MATERIALS OR INFORMATION PROVIDED THROUGH THIS WEBSITE, THE PRODUCTS, OR THE TRANSACTIONS CONDUCTED ON OR FROM ANY COMPANY WEBSITES, EVEN IF LOUWANA CREEK OR ANY OF ITS LAWFUL AGENTS, CONTRACTORS, EMPLOYEES OR MANDATARIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
IN PARTICULAR, AND WITHOUT LIMITING THE PRECEDING PARAGRAPH, IN NO EVENT WILL LOUWANA CREEK 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, LOUWANA CREEK’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 LOUWANA CREEK.
IF, DESPITE THE LIMITATIONS ABOVE, LOUWANA CREEK IS FOUND LIABLE FOR ANY DAMAGE OR LOSS IN CONNECTION WITH THIS WEBSITE, IN NO CASE WILL LOUWANA CREEK’S TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) BE FOR MORE THAN, IN THE AGGREGATE, THE LESSER OF 100$ OR THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCTS PURCHASED BY YOU AND TO WHICH THE CLAIM RELATES.
IF YOU ARE DISSATISFIED WITH THESE TERMS OR THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AND ACCESSING THIS SITE.
CERTAIN FEDERAL, STATE OR PROVINCIAL LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
FOR THE PURPOSES OF THIS SECTION, “LOUWANA CREEK” SHALL INCLUDE LOUWANA CREEK’S RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MANDATARIES, CONTRACTORS AND THIRD-PARTY SUPPLIERS.
THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT.
By using this Website you hereby agree to indemnify, defend and hold harmless LOUWANA CREEK from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys’ fees) incurred by LOUWANA CREEK in connection with any claim arising out of, based upon or resulting from your use of the site. LOUWANA CREEK reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of LOUWANA CREEK.
16- COPYRIGHTS AND TRADEMARKS
Material on this Website, including but not limited to texts, images, illustrations, articles, photographs, software, audio clips and video clips, is owned or otherwise provided by the LOUWANA CREEK. The material on this Website is protected in Canada and in other jurisdictions by the Copyright Act and by virtue of the applicable international conventions and treaties. LOUWANA CREEK is the owner of the copyright on the entire Website and, consequently, the material on this Website may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, including but not limited to text, audio or video, without the prior written consent of LOUWANA CREEK. Trademarks, logos and service marks (collectively, the “Marks”) displayed on this Website are registered or unregistered Marks of LOUWANA CREEK or others, are the property of their respective owners, and may not be used without written permission of the owner of such Marks. Nothing in this Website is to be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act.
Notwithstanding the foregoing, LOUWANA CREEK authorizes you to make one electronic or paper copy of the information posted on any page of this Website provided that the copy is used solely for non-commercial, personal purposes and for the purpose of shopping on the site or making an order. It is understood, that in each and every case, any such copy remains protected by all copyright, trademarks, service marks and other proprietary notices and legends contained on any such page of the Website. This license does not include any resale of this Website or its contents; any collection of product listings, descriptions or prices; any other derivative use of this Website or its contents; any downloading or copying of information for the benefit of any merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any page on this Site or any trademark, logo or other proprietary information (including images, text, page layout, or form) of LOUWANA CREEK without express written consent of LOUWANA CREEK. You may not use any Meta tags or any other “hidden text” utilizing LOUWANA CREEK’s name or trademarks without the express written consent of LOUWANA CREEK. Any unauthorized use of this Website and/or its contents terminates the permission or license granted by LOUWANA CREEK.
Except as otherwise may be expressly provided herein, nothing contained in these Terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of LOUWANA CREEK or any other person or entity.
17- CONFIDENTIALITY OF THE INFORMATION TRANSMITTED
Links and references to other Websites are provided to you as a convenience only. LOUWANA CREEK 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. You may not create links from other Websites to this Website, except if expressly permitted by LOUWANA CREEK. To obtain permission, please contact us by referring to the “Contact Us” section below.
19- DAMAGE TO OTHERS
You agree not to introduce into or through this Website any information or materials which may be harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in material or information which may, among other things, be a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.
20- RESERVE OF RIGHTS
All rights not expressly granted in these Terms are reserved to LOUWANA CREEK. Nothing contained in these Terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of LOUWANA CREEK or any other person or entity.
21- GOVERNING LAW
This site is controlled and operated by LOUWANA CREEK from Montreal, Quebec, Canada and these 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.
22- DISPUTE RESOLUTION
You acknowledge and agree that any dispute that may arise between you and LOUWANA CREEK in respect of these Terms and the transactions contemplated herein shall be resolved by the provincial and federal courts and tribunals sitting in the province of Quebec and you hereby irrevocably submit and attorn to the personal and exclusive jurisdiction and venue of these courts.
LOUWANA CREEK makes no representation that materials, information or Products provided on or through this Website are appropriate or available for use in other locations or jurisdictions than Canada. Those who choose to access this Website from other locations or jurisdictions do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
If any one of these conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
25- ENTIRE AGREEMENT
These Terms, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and LOUWANA CREEK with respect to the use of this Website and any transaction conducted on or from this Website and its contents, 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 LOUWANA CREEK making such amendments or modifications available to it pursuant to the Terms hereof.
26- NO WAIVER
The failure of LOUWANA CREEK to enforce any provisions of these Terms or to respond to a breach or default by you or any third party of these Terms shall not in any way waive the right of LOUWANA CREEK to subsequently enforce any of the Terms contained herein or to act with respect to similar breaches or defaults.
These Terms and any supporting or ancillary documents are drafted solely in English. A French version of these Terms is available here.
28- CONTACT US
By mail:LOUWANA CREEK
1019, Laurier avenue West
Outremont (Quebec) H2V 2L1