TERMS OF USE AND CONDITIONS OF SALE
PLEASE READ CAREFULLY THE TERMS AND CONDITIONS SET FORTH HEREIN, AS YOU MAY NOT USE OR ACCESS THIS WEBSITE OTHER THAN IN ACCORDANCE WITH THESE TERMS AND CONDITIONS. YOUR USE OF THE WEBISTE CONSTITUTES YOUR ACCEPTANCE OF ALL OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR VIEW THE WEBSITE OR USE THE CONTENT OF THE WEBSITE IN ANY MANNER WHATSOEVER.
CONTEXT
Best Brands Ltd is an important distributor of the Bonne maman® products in Canada. Best Brands Ltd is part of a group of affiliated companies which includes Groupe St-Hubert Ltée and whose ultimate parent company is Recipe Unlimited Corporation (collectively referred to as “Best Brands”). As such, Best Brands is responsible for hosting and operating this website promoting the Bonne maman®-branded products in Canada (the “Website”).
Bonne maman® brand products are manufactured by Andros (a general partnership), with a place of business in the Zone Industrielle, 46130 Biars-sur-Cère, France (“Andros”). The Bonne maman® trademark is owned by Andros and used under licence by Best Brands.
Best Brands reserves the right, at its sole discretion, to modify any part of these terms and conditions, in whole or in part, at any time. Changes become effective as soon as a notice to this effect is posted on the Website. We may, but are not obligated to, notify you of the changes to the terms and conditions by email or regular mail. Your continued use of this Website after any such changes signifies your acceptance of these changes and therefore constitutes an agreement between you and Best Brands. If you decline a modification, you must immediately stop using the website.
SCOPE OF APPLICATION
Unless indicated otherwise, all content and material made available on the Website is offered for the purpose of providing information and promoting Bonne maman® brand products. Best Brands makes no representation that products displayed on the Website are appropriate or available outside of Canada. If you decide to access the Website in other jurisdictions, you are solely responsible for complying with applicable local laws. Any claim relating to the Website is governed by the laws applicable in the province of Quebec, without reference to the rules on conflicts of laws. In the event of a dispute or grievance relating to the Website, both parties generally and unconditionally agree to submit irrevocably to the exclusive jurisdiction of the courts of the legal district of Montreal, province of Quebec.
USE AND RELATED RESTRICTIONS
Subject to your compliance with these terms and conditions, Best Brands agrees to grant you the limited, non-exclusive, and non-transferable right to access, use, display, and review the Website for informational purposes or for the purchase of products when this feature is available.
Unless otherwise specified, you are not authorized to modify, copy, reproduce, republish, upload to a server or elsewhere, send, publish, distribute, or otherwise use the Content (as defined herein) available on the Website. You can print some sections if this option exists for personal and non-commercial use. This permission is only valid if you: (i) retain all copyright and exclusive rights notices set forth in the Content, including copyrights and trademarks, and indicate the source Content, including the URL of such Content; (ii) do not modify the Content in any way; and (iii) do not reproduce, perform, distribute, or otherwise publicly communicate or use the Content for any commercial purpose unless the functionality of the Website expressly allows for this.
Any other type of use requires the prior written consent of Best Brands.
INTELLECTUAL PROPERTY
All Content (as defined herein) accessible on the Website or any platform is wholly owned or used under licence by Best Brands. You do not have any rights in this Content. As previously mentioned, the Bonne maman® trademark is owned by Andros and used under licence by Best Brands.
USE RESTRICTIONS
Subject to the terms and conditions herein, all information and material appearing on the Website or any platform, including without limitation, the design, information, text, illustrations, trademarks, logos, images, icons, interfaces, as well as the assembly and layout thereof (hereinafter referred to as “Content”) are the exclusive property of Best Brands or are used under licence. You may not use the Content except as expressly described herein. Modifying or using this Content for any other purpose violates the intellectual property rights of Best Brands or third parties. You may not use the Website in a manner contrary to applicable laws, whether local, provincial, federal, international, or foreign. You may also not use the Website in any way that could damage, disable, overload, interfere with its operation, or in any way interfere with its operation and structure.
COMMUNICATIONS
Best Brands welcomes your comments and suggestions regarding its products and services. However, it is suggested that you do not submit such type of information or material through this Website, unless you wish to make it public and give your ideas to Best Brands (i.e. transfer them in their entirety and free of charge). In this case, your comments, suggestions, ideas, illustrations, or other contributions become the property of Best Brands. In addition, Best Brands will not consider any contribution as confidential and will not be responsible for any idea concerning its business (including product or advertising ideas) and will not incur any liability resulting from similarities that may appear in its future activities. Without limitation, Best Brands will be the exclusive owner of all current and future rights in this contribution and will have the right to use it for any commercial or other activity without giving any compensation to you or any other person who submits it. You should never send a contribution that contains personal information that could identify another person. The personal information about yourself that you choose to voluntarily provide to Best Brands is subject to the terms and conditions set out in the Privacy Policy section accessible here. By submitting a contribution to Best Brands, you represent and warrant that you own and hold the rights to such contribution and acknowledge and agree that such rights become the property of Best Brands, as set out above. In addition, you agree that you are fully responsible for the content of this contribution, including its legality, reliability, relevance, originality, and its rights.
LINKS AND OTHER INTEGRATED SITES
Certain links on our Website may take you to other websites or platforms owned by third parties, including without limitation, social media sites (collectively, “Third-Party Applications”). We are not responsible for the content, advertising, products, services, or any other material accessible on these Third-Party Applications. In particular, Best Brands accepts no liability whatsoever arising from the use of links to Third-Party Applications or the information provided or disseminated on such applications. You assume full responsibility for your access to and use of Third-Party Applications and it is your responsibility to take all necessary precautions. These Third-Party Applications are subject to different terms and conditions from those applicable to our Website and platforms. Thus, it is your responsibility to consult these terms and conditions and to comply with them.
CONTESTS
We may also, from time to time, offer or co-sponsor contests, promotions, or games on our Website from other platforms under our control. Each of these activities will be governed by its own rules, which you can read before participating. You should read the rules applicable to these activities, as they are different from the present terms and conditions.
LIMITATION OF LIABILITY
Best Brands makes every effort to ensure that the Content provided on the Website is accurate, but we cannot make any guarantees in this respect. The Content may contain technical inaccuracies, typographical errors, or omissions. To the fullest extent permitted by applicable law, the Content is provided “as is” without any express or implied warranty of any kind. Best Brands disclaims all warranties, express or implied, including any warranty of title, merchantability, fitness for a particular purpose, or absence of infringement. Best Brands does not warrant that the Website will be accessible without interruption or error, that defects will be corrected, or that it will be free of viruses or other harmful components. You agree that Best Brands will not be liable for any loss or damage, whether direct or indirect, including loss of information or programs, loss of profits, loss of revenue, loss of savings, costs, and expenses (such as attorney’s fees), which arise from the use of, access to, or the inability to use or access the Website, regardless of whether Best Brands has been advised of the possibility of such damage or loss or whether such damage or loss was reasonably foreseeable. IN ANY CASE, TO THE EXTENT THAT BEST BRANDS IS FOUND LIABLE TO YOU, YOU AGREE THAT THE TOTAL CUMULATIVE LIABILITY OF BEST BRANDS FOR SUCH DAMAGES OF ANY KIND IS LIMITED TO 100 CAD.
APPLICABLE LAWS IN SOME PROVINCES AND OTHER TERRITORIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF STATUTORY OR IMPLIED WARRANTIES OR LIABILITY OR CERTAIN DAMAGES OR REPRESENTATIONS OR WARRANTIES. IF THESE LAWS APPLY TO YOU, PART OR ALL OF THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER RIGHTS UNDER THE LAW.
You agree to indemnify, hold harmless, and defend Best Brands, its contractors, and their directors, officers, employees, and other representatives from any liability arising out of your breach or infringement of these terms and conditions.
VARIA
The present terms and conditions take precedence over any prior understanding, representation, warranty or agreement, whether written or oral, express or implied, in this regard, and they are binding on you, your heirs, executors, administrators, and other legal representatives. If any part hereof is deemed illegal, void, or unenforceable, this part will be deemed divisible and will in no way compromise the validity and enforceability of any other provision. The delay or failure of Best Brands to act with respect to any failure by you to comply with these terms and conditions does not constitute a waiver on the part of Best Brands. The present terms and conditions constitute a complete and binding contract between Best Brands and you with respect to the use of the Website. You may not assign these terms or conditions to any third party before obtaining Best Brands’ consent. Best Brands may, however, assign, transfer, or delegate its rights and obligations under the present terms and conditions without your consent.
GENERAL TERMS AND CONDITIONS OF SALES
To the extent that the Website provides you with the opportunity to purchase a product, the conditions of sale below apply to such a transaction. For clarity, Best Brands does not make any commitment to make it possible to purchase products from the Website.
Terms of Use
This Website may be used by all residents of Canada who are of legal age to sign contracts in their respective provincial or territorial jurisdiction and who may be governed by such contracts under applicable laws. Best Brands makes no representation that the Website may be used outside of Canada.
Prices and Taxes
Best Brands is committed to maintaining and updating the Website as much as possible so that it reflects the prices and services in effect at Best Brands. However, prices are subject to change without notice. The price of some online items may vary depending on your shipping address. The total of your invoice is displayed on the page where you confirm your order and see the summary description of it. Please note that prices are in Canadian dollars and do not include applicable taxes. Taxes are included in your order total and displayed separately during the ordering process. Taxes are determined according to applicable local, provincial, or federal laws. The tax rate charged is based on the shipping address you provide when placing your order.
Complaints or Returns
In the event of an error in your order, our corrective policy comes into effect. Please email boutique-bm@st-hubert.com to report such an error. Depending on your agreement with the customer service agent, Best Brands, will exchange, supplement, or credit the incorrect products. Best Brands is continually improving and encourages you to send them your comments and suggestions.
Product Availability
Best Brands advertises on the Website only those products that can be ordered and delivered. Some products may not be available at the time of your order. Adding a product to your “cart” or “wish list” does not guarantee that it will be available at the time you place your order. In this case, a customer service agent will contact you by referring to the information you provided in your customer profile. You can then modify or cancel your order.
Limited Quantities
Best Brands reserves the right, at its sole discretion, to limit the number of items purchased per person, per family, or per order. These restrictions apply to orders made from the same account, same credit card, and may also be based on the same billing or delivery address. Best Brands reserves the right, at its sole discretion, to prohibit or refuse to accept sales to retailers or resellers.
Acceptance of an Order
Once the order is submitted and confirmed, you cannot make any further changes to it. Best Brands reserves the right, at its sole discretion, to cancel or refuse any order for any reason. For example, the following situations could result in the cancellation or rejection of your order: (i) the unavailability of any product to process the order; (ii) an inaccurate statement regarding a product or a price; (iii) failure to confirm or obtain authorization to charge the order amount to your credit card; or (iv) problems relating to the identification of the person placing the order. We may also do additional verifications or obtain other information before confirming your order. Best Brands may contact you to let you know that some or all of your order has been canceled or that it needs additional information to complete and accept your order.
Delivery
Delivery of orders placed through the Website is only available in delivery territories covered by Best Brands.
Liability
Notwithstanding the foregoing, nothing in these terms and conditions shall have the effect of limiting any right you have as consumer under public law which may apply to you.