Terms and conditions

TERMS OF USE

Last update: December 19, 2018

1. ACCEPTANCE OF TERMS OF USE & ELIGIBILITY

Masdel Inc. and its subsidiaries and affiliates (“Masdel,” “We,” “Our,” “Us”) is the owner and administrator of this Website, at www.sacmagique.ca, magicbag.ca, www.magicbag.com, www.supporo.com, www.epildou.ca, www.epildou.com, www.softepil.ca, or www.www.masdelinc.com (individually and collectively, the “Website”). When you visit and use the Website, you agree to be bound by the terms set out in these Terms of Use (the “Terms”). If you are not willing to be bound by each and every term and condition, or if any representation made by you herein is not true, you may not use, and must immediately cease accessing, the Website.

PLEASE READ THESE WEBSITE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, VARIOUS LIMITATIONS, EXCLUSIONS AND INDEMNITIES.

Masdel may, in its sole discretion and for any reason, modify, supplement or amend these Terms without any notice or liability to you or any other person, by posting revised Terms on the Website. Your continued use of the Website signifies your acceptance of such revised Terms, so check back frequently to read the most recent version. [Material changes will be conspicuously posted on the Website or otherwise communicated to you.]

The Website is intended solely for users who are at least 18 years of age (or the age of majority in your jurisdiction) or older, and any registration, use or access to the Website by anyone under such age, unless an emancipated minor (where that term is legally effective), is unauthorized, unlicensed, and in violation of these Terms. We may terminate your Account, delete any content or information that you have posted on or through the Website, cancel any purchases you have made and/or prohibit you from using or accessing the Website (or any portion, aspect or feature of the Website) for any reason or no reason, at any time in our sole discretion, with or without notice, including without limitation if we have any reason to believe that you do not meet the eligibility criteria set out above.

Use of the Website is void where prohibited by applicable law.

2. PRIVACY AND SECURITY

You acknowledge that you have read our Privacy Policy located on the Website which is incorporated herein by reference and forms an integral part hereof. The Privacy Policy, as amended from time to time, sets out our policies and procedures in respect of personal information that we collect, use, disclose, and/or otherwise process, when you use our Website, purchase our products, or otherwise interact with us, including when you buy our products online. By using the Website or otherwise submitting your information to us, you consent to the collection, use and disclosure of your personal information by us and our agents and service providers for the purposes identified in the Privacy Policy and these Terms.

3. PROPERTY & COPYRIGHT

All that is displayed or otherwise accessible through the Website, including without limitation, any articles, text, photographs, images, illustrations, logos, trademarks, videos, audio, software and code (collectively, the “Content”) are protected by Canadian and foreign laws, including without limitation copyright law, and belong to Masdel, its licensors, or the party accredited as the provider of the Content.

Neither the Website nor its Content may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Masdel, except that you may download, display and print the content presented on the Website for your personal, non-commercial use only. Unauthorized use of the Website and/or the Content may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained within the content on this web site. The use of such content on any other website or in any environment of networked computers is prohibited.

4. TRADEMARKS

‘Magic Bag’, ‘Sac Magique’, ‘Warmy’, ‘Supporo’, ‘Softepil’, ‘Epildou’, ‘Vie Art’, ‘Eco Go’, ‘Total Body’, ‘Christian Martin’, ‘Anform’, ‘Airmania’, ‘Total Calc’ are trademarks or registered trademarks of Masdel. Other names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Website may constitute trademarks, registered or not, of Masdel. While Masdel can use under license certain trademarks of third parties, the display of third-party trademarks on the Website does not assume any relationship or license between Masdel and the owner of the trademark in question, or the approval of Masdel of the goods, services or business of the owner of the trademark in question. Nothing contained on the Website shall be construed to grant you any license or a right of use of any logo, design or trademark of Masdel or of a third party, without the written permission of Masdel or from the owner of the third party trademark.

5. DISCLAIMER OF WARRANTIES

If you are a consumer subject to the Quebec Consumer Protection Act, the exclusion of warranties contained in the immediately following paragraph do not limit your rights and remedies under the Quebec Consumer Protection Act, including the right to make a claim under any of the statutory warranties provided under sections 34 to 54 of such statute.

The Website and the aggregate Content are provided on an “as is” and “as available” basis. When you access and use the Website, you acknowledge and agree that you do so entirely at your own risk. Masdel makes no representations or warranties of any kind, express or implied, regarding the Website or any Content. Masdel expressly disclaims all warranties and conditions in respect of the Website, the Content or any related data, including but not limited to any warranties or representations:

i) as to the accuracy, completeness, currency, reliability, or suitability of the Website and/or the Content;

ii) as to the merchantability or fitness for a particular purpose of the Website, including without limitation, of any information, data, software, products or services contained in the Website or sold through the Website;

iii) as to the operation of the Website without interruption or error;

iv) as to the correction of defects or errors in the Website;

v) as to the absence of viruses or harmful components on the Website; and

vi) as to the safe transmission of communication or information through the Website.

Without limiting the generality of the foregoing, Masdel makes no warranty as to the description and illustrations of the products offered or advertised on the Website and such descriptions and illustrations are for informational purposes only. INFORMATION RELATING TO THE PRODUCTS AS WELL AS THAT RELATING TO THE PRICES AND AVAILABILITY OF THE PRODUCTS THAT APPEAR ON THE WEBSITE, MAY CHANGE FROM TIME TO TIME, WITHOUT PRIOR NOTICE. YOU ACKNOWLEDGE AND AGREE THAT MASDEL IS NOT BOUND BY SUCH INFORMATION AT ANY TIME.

6. LIMITATION OF LIABILITY

If you are a consumer subject to the Quebec Consumer Protection Act, the limitations of liability contained in the immediately following paragraphs do not liberate us from the consequences of our own acts or the acts of our representatives.

Masdel and its officers, directors, employees, agents, licensors and their respective successors and assigns (the “Related Parties”), are not responsible for any late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.

Masdel and the Related Parties, assume no responsibility, and shall not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on the Website or your downloading of any materials, data, text, images, video or other Content from the Website.

Masdel and the Related Parties, shall in no event be liable for any direct, special, indirect or consequential damages of any kind, including without limitation, any loss of business, loss of savings, loss of data or loss of profits from whatever cause, and whether or not same is based on a contract (including the breach of a fundamental duty) of these Terms, civil liability (including negligence) or otherwise, even if Masdel knew or should have known of the possibility of such damages. Masdel and its officers, directors, employees, agents, licensors and their respective successors and assigns shall in no case be held liable for any damage arising from Masdel default or your failure to protect your password or account information.

If, notwithstanding the foregoing, Masdel or any Related Party should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of the Website or its Content, the maximum liability of Masdel or any Related Party for any such damages will, in no event, exceed, in the aggregate, $250 CAD.

7. ONLINE REGISTRATION; USERNAME AND PASSWORD

Your use of the Website may require an account identifying you as a user (an “Account”). When you create an Account, you will be asked to provide certain information which will be subject to our Privacy Policy.

In connection with your Account, you are solely responsible for (i) your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account; and (ii) any and all activities that occur under your Account, including all activities of any persons who gain access to your account, with or without your permission.

You must not register for an Account on behalf of any individual other than yourself or register for an account on behalf of any group or non-individual entity unless you are duly authorized to do so by such group or entity.

You agree to immediately notify us of (i) any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or (ii) any other breach of security with respect to your Account or any service provided through it, and (iii) you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account.

You agree to provide true, current, accurate and complete customer information as requested by us or our agents from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate.

You agree we may update your information with information your bank or credit card issuer may supply, or other information available to us. All such personal information is subject to the Privacy Policy.

We may assign you, or you may create, a password and account identification to enable you to access and use certain portions of the Website. Each time you use a password or identification, you will be deemed to be authorized to access and use the Website in a manner consistent with these Terms and we have no obligation to investigate the authorization or source of any such access or use of the Website.

You are prohibited from contributing, posting or transmitting to this website any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.

8. TERMINATION

Masdel may, at any time and without notice, in its sole discretion and without cause, terminate your right to access and use of the Website (or any part of it). Masdel may also terminate your right to access and use the Website, or any part of it, should you breach any of these Terms.

9. CONDITIONS OF SALE

Any provision of these Terms which are not inconsistent with the Terms of Sale shall be an integral part of such Terms of Sale.

10. JURISDICTION AND APPLICABLE LAW

Masdel shall maintain and control this Website from its offices in Anjou, Quebec, Canada. Unless expressly stated otherwise on the Website, your access to the Website and your use of it shall be governed by – and construed in accordance the laws of the Province of Quebec and the federal laws of Canada applicable therein. These Terms shall be deemed to have been executed in the Province of Quebec and you hereby consent and irrevocably acknowledge the exclusive jurisdiction of the federal and provincial courts in the City of Montreal, and waive any objection based on lack of jurisdiction or for any claim based on forum non conveniens. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.

11. SEVERABILITY

These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

12. NO IMPLIED WAIVER

Any consent or waiver by Masdel to or from any express or implied breach on your part, of the present Terms, shall not constitute consent or waiver of any other different or subsequent breach.

13. NOTICES, COMPLAINTS, AND COMMUNICATIONS

Notices that are required or permitted to be given under these Terms shall be made in writing and shall be deemed to have been validly given if sent by email or mail, to the following address:

Customer Service
Masdel Inc.
9081 Du Parcours
Montreal (Anjou) Quebec, Canada
H1J 2Y1
Tel.: 514-381-5551 – Fax: 514-353-1503
[email protected]

14. INDEMNIFICATION

You shall indemnify and save harmless Masdel and their respective officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of the Website.

15. LINKS

The Website contains links to websites owned or operated by other entities which are not associated or affiliated with Masdel. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by Masdel of the linked website or information contained therein or of their security or privacy practices. Masdel shall not be responsible for the content of any other linked websites and makes no representation or warranty regarding any other websites or the contents on such websites. If you decide to access other websites, you do so at your own risk. Framing of the Website or any of its Content in any form and by any method is strictly prohibited.

16. RELATIONSHIPS

The relationship between Masdel and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms or your use of the Website.

17. ADDITIONAL TERMS

Additional terms and conditions may apply to purchases of products, services, or other specific website functions available on the Website.

18. HEADINGS & INTERPRETATION

In these Terms, (i) the captions and headings are for convenience only and do not constitute substantive matter and are not to be construed as interpreting the contents of these Terms, (ii) the word “including”, the word “includes” and the phrase “such as”, when following a general statement or term (whether or not non-limiting language such as “without limitation” or “but not limited to” or other words of similar import are used with reference thereto), is not to be construed as limiting, and the word “or” between two or more listed matters does not imply an exclusive relationship between the matters being connected, (iii) all references to website addresses or URLs shall also include any successor or replacement websites containing substantially similar information as the referenced website(s), and (iv) any monetary amounts expressed are in Canadian dollars.

19. ENTIRE AGREEMENT

These Terms, together with those incorporated or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except by Masdel as set forth above.

TERMS OF SALE

Last update: December 19, 2018

1. APPLICABILITY OF THESE TERMS OF SALE

These Terms of Sale (“Terms”), together with our Terms of Use and Privacy Policy, govern all products (“Products”) made available on or ordered using the online store provided by Masdel Inc. (“Masdel,” “we,” “us,” or “our”).

By ordering Products through our online store (“Store”), you agree on behalf of yourself and any organization or company that you represent (together, “you”) that you have read and understand these Terms, our Terms of Use, and our Privacy Policy. If you do not agree with these Terms or our Terms of Use or our Privacy Policy, do not order Products through the Store.

We reserve the right to modify these Terms at any time with respect to future orders of Products. All changes will be effective immediately upon posting to the Store and, by ordering Products from the Store after changes are posted, you agree to those changes. Material changes will be conspicuously posted on the Store or otherwise communicated to you.

2. AVAILABILITY

The prices and availability of Products made available on the Store may change at any time without notice to you. Prices remain valid while they are listed and offered on the Store. Prices will be as posted on the Store as of the date and time of your order, as applicable. Product colors and measurements are approximate and may vary from the representation in the Store. These differences will not constitute a defect in or noncompliance of any Product. Availability of Products may be limited and products may not be available for immediate delivery. Some Products may not be available in certain areas. Masdel is not liable for any damages you may suffer as a result of any shipment delays.

3. RESTRICTIONS

Resale of Products and purchasing Products for purposes of reselling the Products are not permitted. Consequently, Masdel reserves the right to refuse any order for Products that might look like it is for purposes of reselling the Products.

You warrant that you are of the age of majority in your jurisdiction and have full legal capacity to enter into these Terms.

4. ORDERING

To purchase our Products, you must submit an order to us through our Store. Your order is an offer to purchase the products and services listed in your order under the terms of our Agreements. Orders are not binding until Masdel has accepted your order and you have fully paid for the products and services set forth therein. After we receive your order, we will send you a confirmation e-mail with your order number and details of the items you have ordered. Receipt of an order confirmation e-mail indicates that we have accepted your order.

5. PRICES

You will be charged for the Products using the prices displayed when you place your order. Masdel reserves the option to change its prices at any time but will apply to each order the prices shown in the Store at the time when the order is placed.

Online prices, product and service selection and availability, and sale effective dates may differ from those in store and may vary by geographic region. Due to differences in sale effective dates across the country, items may be available online at the sale price before they are available in store. Dealers are under no obligation to make promotional products available, or to match online prices until the sale begins in their region. Market conditions and competitive pressures may cause prices and availability to change without further notice. Additionally, although great care is taken in the production of the Website, typographical, illustrative or pricing errors may occur. We reserve the right to correct errors at any time.

All prices quoted are payable in Canadian Dollars and, unless otherwise stated, do not include GST, PST, QST or HST. Any change to the legal rate of these taxes will be automatically passed on to the price of the Products presented on the Store, on the effective date of the change.

Shipping and handling costs are displayed to the purchaser at the time an order is placed. All shipping and handling costs are solely your responsibility.

For Gift Card purchases, prices quoted are payable in Canadian Dollars and, unless otherwise stated, do not include shipping charges.

All advertisements on the Website are merely invitations for you to purchase goods or services and are not offers to sell by Masdel.

Masdel reserves the right to limit quantities and to reject, correct, cancel or refuse orders, at any time, in its sole discretion.

All sizes quoted are approximate. Some items shown may require assembly.

6. PAYMENT

Purchases of Products must be made by credit (Visa or MasterCard) or debit card or via PayPal. Information about our collection and use of payment-related information is described in our Privacy Policy. If the credit or debit card information that you submit is incorrect or invalid, your payment will not be processed. We have no responsibility or liability if your credit or debit card is declined by your financial institution. Payments are processed by our PCI-compliant third-party payment processor. Your credit card will be charged automatically as you place your order.

Masdel reserves the right to suspend or cancel any order, in whole or in part, in the event of refusal to authorise payment by your financial institution or in the event of non-payment.

Masdel retains full and entire ownership of Products until both all the amounts, including fees and taxes, have been fully paid and your order has been entrusted to a third party for delivery.

7. SHIPPING & HANDLING

Delivery

Products will be shipped to the address you provide at the time an order is placed. Deliveries cannot be made on weekends or public holidays. You may have the option to choose among various shipment options when you place an order for Products on the Store. Any indication of the delivery time shall be approximate and not guaranteed by Masdel. Unless otherwise noted, shipping and handling fees will be charged separately and are your responsibility.

Unavailable Products

In the event a Product ordered is not available, we will use commercially reasonable efforts to inform you. You will then have the choice of either asking for a refund of the amounts paid for the applicable Product or, as the case may be, for an exchange with a Product from the online Store which is equivalent in terms of features and price. In this case, Masdel will cancel your order with respect to the unavailable Product and generate a new order in your name for the replacement Product.

Should an exchange not be possible, Masdel reserves the right to cancel the order and to refund the amounts paid for the unavailable Product.

Masdel will not be held liable in respect of any Product that is unavailable and in no event will you be entitled to damages or interest in respect of any Product unavailability.

Non-Compliance and Breakages

Upon receipt of any order, you must make sure that the order is accurate, complete, and undamaged. If your order is incomplete, inaccurate, or damaged upon delivery, please notify us immediately. Any claims for order shortages, inaccuracies, or damage must be submitted to Masdel within three days of your receipt of the shipment. Masdel reserves the right to require you to return any Products concerned to Masdel in accordance with our then-current Product return procedure.

8. TITLE AND RISK OF LOSS

Title to Products will pass to you when the Products have been entrusted to a third party for delivery. You shall therefore bear the risk of loss or damage to the products during shipment to you.

9. CANCELLATION

Subject to applicable law, cancellations of orders at your request are at Masdel’s sole discretion. Our goal is to ship orders promptly, so it is often not possible to cancel an order once it is processed. If you wish to cancel an order, please contact our customer service department at [email protected] or 514-381-5551 (toll free: 1-888-449-4966) to see if we can change, cancel or correct the order before it ships.

10. RETURNS

Subject to applicable law, Products purchased through our Store may be returned within thirty (30) days from the date of Purchase indicated on the invoice. Products must be in the original unsealed and undamaged packaging and include a copy of the purchase invoice therefor. Shipping and handling costs for the return of the Products shall not be refunded.

For hygiene reasons, we cannot accept returns on Supporo garments.

Refunds are processed within approximately three (3) to five (5) business days of our receipt of the returned product. Your refund will be credited back to the same payment method used to make your original purchase. WE OFFER NO REFUNDS ON ANY PRODUCTS MARKED “ON SALE” OR DESIGNATED ON THIS SITE AS NON-RETURNABLE, NON-REFUNDABLE OR ALL-SALES-FINAL.

11. DISCLAIMER OF WARRANTIES

If you are a consumer subject to the Quebec Consumer Protection Act, the exclusion of warranties contained in the immediately following paragraph do not limit your rights and remedies under the Quebec Consumer Protection Act, including the right to make a claim under any of the statutory warranties provided under sections 34 to 54 of such statute.

The Products are provided on an “as is” and “as available” basis. When you purchase and use the Products, you acknowledge and agree that you do so entirely at your own risk. Masdel makes no representations or warranties of any kind, express or implied, regarding the Products. To the extent permitted by law, Masdel expressly disclaims all warranties and conditions in respect of the Products, including but not limited to any warranties or representations:

i) as to the accuracy, completeness, currency, reliability, or suitability of the Products; and

ii) as to the merchantability or fitness for a particular purpose of the Products;

12. LIMITATION OF LIABILITY

To the extent permitted by law, Masdel and its officers, directors, employees, agents, licensors and their respective successors and assigns (the “Related Parties”), shall in no event be liable for any direct, special, indirect or consequential damages of any kind, arising out of or in connection with the Products or your receipt or use of the Products, and whether or not same is based on a contract (including the breach of a fundamental duty) of these Terms, civil liability (including negligence) or otherwise, even if Masdel knew or should have known of the possibility of such damages.

13. JURISDICTION AND APPLICABLE LAW

These Terms are subject to and governed by the laws of the Province of Quebec. These Terms shall be deemed to have been executed in the Province of Quebec and you hereby consent and irrevocably acknowledge the exclusive jurisdiction of the federal and provincial courts in the City of Montreal, and waive any objection based on lack of jurisdiction or for any claim based on forum non conveniens. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.

14. SEVERABILITY

15. NO IMPLIED WAIVER