General Conditions

Overview

Telephone recordings
Panier Québec does not consent to telephone calls being recorded and reserves the right to end any call while it is being recorded. You agree not to record any telephone conversation with Panier Québec unless you have previously informed Panier Québec in a clear and obvious manner and received prior written consent from Panier Québec.

Compensation
To the extent permitted by law, you agree to defend, indemnify and hold harmless Panier Québec, its subsidiaries, licensors and service providers, as well as their officers, directors, employees, contractors, agents, licensors, suppliers. , successors and respective assigns, from any claim, liability, damage, judgment, indemnity, loss, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms.

Guarantees
All products sold “AS IS” or “WITH ANY ANOMALY”
PANIER QUÉBEC IS ONLY THE PLATFORM PROVIDER THAT ALLOWS CUSTOMERS TO PURCHASE PRODUCTS AND SERVICES FROM MERCHANTS. PANIER QUÉBEC DOES NOT SELL OR MANUFACTURE PRODUCTS OR DIGITAL PRODUCTS. THE PRODUCTS AND DIGITAL CONTENT MAY, HOWEVER, BE COVERED BY A WARRANTY OFFERED BY MERCHANTS OR MANUFACTURERS. EACH MANUFACTURER’S SERVICE AND SUPPORT POLICY (IF ANY EXISTS) WILL APPLY. THESE WARRANTIES, SERVICES AND ASSISTANCE POLICIES ARE PROVIDED BY THIRD PARTY COMPANIES AND HAVE THEIR OWN TERMS AND CONDITIONS. TO THE LIMIT PERMITTED BY LAW AND FOR QUEBEC CONSUMERS TO THE LIMIT PERMITTED BY QUEBEC LAW, PANIER QUEBEC IS NOT RESPONSIBLE FOR THE CONDITIONS, REPRESENTATIONS OR GUARANTEES GIVEN BY THIS MANUFACTURER. PANIER QUÉBEC ASSIGNS TO YOU AND TRANSMITS ALL MANUFACTURER’S WARRANTIES TO YOU, AND YOU ACKNOWLEDGE THAT YOU SHALL HAVE NO REMEDY UNDER THESE WARRANTIES AND ONLY AGAINST THE MANUFACTURER OF THE PRODUCTS AND DIGITAL CONTENT.

PANIER QUÉBEC MAKES NO REPRESENTATIONS OR GUARANTEES CONCERNING THE PRODUCT, EXCEPT THOSE EXPRESSLY MENTIONED IN THESE CONDITIONS IF THIS IS THE CASE.

TO THE LIMIT PERMITTED BY LAW AND FOR QUEBEC CONSUMERS TO THE LIMIT PERMITTED BY QUEBEC LAW, AND EXCEPT AS EXPRESSLY PROVIDED IN THE MANUFACTURER’S WARRANTY, ALL PRODUCTS AND DIGITAL CONTENT SOLD BY PANIER QUÉBEC, IF ANY ), ARE SOLD “AS IS” OR “WITH ANY ANOMALY” AND THE RISK AS TO THE QUALITY AND PERFORMANCE OF SUCH ITEMS IS PURCHASER’S RISK. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, IF ANY OF THESE ITEMS IS DEFECTIVE, DOES NOT WORK, OR WORKS IN ANY IMPROPER MANNER AFTER PURCHASE, THE PURCHASER, NOT THE MANUFACTURER , THE QUÉBEC DISTRIBUTOR OR BASKET WHO ASSUMES THE ENTIRE COSTS OF ANY NECESSARY MAINTENANCE OR REPAIR.

EXCEPT FOR WARRANTIES, CONDITIONS, REPRESENTATIONS, AND PROVISIONS WHICH CANNOT BE LEGALLY EXCLUDED, PANIER QUÉBEC DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS, WARRANTIES AND PROVISIONS, REGARDING SUCH PRODUCT, WHETHER EXPRESS OR IMPLIED. OF LAW, CUSTOMARY LAW, COMMERCIAL USES, ANY AGREEMENT, BUSINESS CONDUCT, EXECUTION OR OTHERWISE, TO THE EXTENT PERMITTED BY LAW.

NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS IS TO EXCLUDE, RESTRICT OR MODIFY ANY RIGHT OR NON-EXCLUSIVE REMEDY AVAILABLE TO YOU UNDER ANY LAW. ANY EXCLUSION OR LIMITATION OF LIABILITY PROVIDED FOR IN THESE TERMS SHALL APPLY TO THE EXTENT PERMITTED BY LAW AND SUBJECT TO ANY NON-EXCLUSIVE RIGHT OR REMEDY.

Your product may also come with a manufacturer’s warranty. Where applicable, manufacturer’s warranty details are listed in the warranty section of the Warranty and Returns tab on the item’s product page. This manufacturer’s warranty is in addition to, and does not limit, any rights you may have under Canadian consumer law.

Panier Québec does not offer any guarantees and / or optional protection plans. Warranty and protection plans may be provided by third party service providers and may meet their own terms and conditions. Where applicable, details of warranty and / or protection plans will be available at the point of purchase. These warranty and protection plans are in addition to, and do not limit, any rights you may have under Canadian consumer law.

The Consumer Protection Act (Quebec) provides a guarantee on all goods that you buy or rent from a merchant. The goods must be usable for the purposes for which they are ordinarily used (Article 37 of the Law); and under normal use for a reasonable period of time, which may vary depending on the price paid, the terms of the contract and the conditions of use (Article 38 of the Law). For more information on this legal guarantee, consult the website of the Office de la protection du consommateur at www.opc.gouv.qc.ca.

Responsibilities and exclusions

IN QUEBEC, CONSUMER PROTECTION LAWS PROHIBIT ANY STIPULATION THAT WILL RELIEVE A MERCHANT FROM THE CONSEQUENCES OF HIS OWN ACTION. IF YOU ARE A QUEBEC CONSUMER, TO THE EXTENT PROHIBITED BY QUEBEC LAW, THIS ARTICLE SHALL NOT APPLY TO YOU TO THE EXTENT IT RELEASES THE MERCHANT OR HIS / HIS REPRESENTATIVE (S) OF ALL LIABILITY.

PANIER QUÉBEC CANNOT BE HELD RESPONSIBLE FOR PRODUCTS SOLD BY MERCHANTS OR MANUFACTURERS UNDER QUEBEC LAW.

SUBJECT TO THE PREVIOUS PARAGRAPH, PANIER QUÉBEC SHALL NOT BE LIABLE TO YOU IN ANY CASE, WHETHER UNDER ANY CONTRACT (INCLUDING AN INDEMNITY OR GUARANTEE), TORT (Y INCLUDING NEGLIGENCE), A BREACH OF A LEGAL OR OTHER OBLIGATION, ARISING UNDER OR IN CONNECTION WITH THESE TERMS FOR:

i- LOSS OF PROFITS, LOSS OF REVENUES, LOSS OF ANTICIPATED SAVINGS, LOSS, DESTRUCTION OR CORRUPTION OF DATA, LOSS OF CONTRACT OR BUSINESS OPPORTUNITY, LOSS OF CUSTOMER, MALFUNCTIONING, DELAY, INTERRUPTION OF SERVICES, CLAIMS FROM THIRD PARTIES FOR DAMAGES SUFFERED AGAINST YOU (WHETHER DIRECT OR INDIRECT) OR

ii- INDIRECT OR INDUCED LOSS OF ANY KIND AND WHATEVER THE CAUSE, WHETHER OR NOT REASONABLY FORESEEABLE OR ENVISAGED, OR ACTUALLY PLANNED OR ENVISAGED, BY PANIER QUEBEC AT THE TIME OF THE CONCLUSION OF THESE TERMS AND CONDITIONS

TO THE EXTENT PERMITTED BY LAW, AND SUBJECT TO THE FIRST PARAGRAPH OF THIS ARTICLE, IN ALL CIRCUMSTANCES, PANIER QUÉBEC’S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS OR DIGITAL CONTENT SOLD TO WHICH THE CLAIM RELATES.

BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY WAIVE YOUR RIGHTS REGARDING ANY CLAIMS THAT ARE CURRENTLY UNKNOWN OR UNSUCEPTED, AND IN ACCORDANCE WITH THIS WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVER: “A GENERAL WAIVER DOES NOT EXTEND TO DEBTS OF WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT THE EXISTENCE IN HIS FAVOR AT THE TIME OF EXECUTION OF THE WAIVER, WHICH, IF KNOWN TO HIM, MUST HAVE HAD AN MATERIAL IMPACT ON HIS AGREEMENT WITH THE DEBTOR.”

The provisions of these Terms are intended to be as broad and inclusive as the laws of your province of residence permit. In any case, Panier Québec reserves all the rights, defenses and limitations authorized by the law of your province of residence.

Applicable law and competent courts

Any dispute arising from these Conditions or from commercial transactions between a consumer and a Quebec merchant will be governed by the laws of Quebec.

Waiver

The fact that one party does not require the performance by the other party of a provision of these Terms in no way affects the right of the first party to demand such performance at any time thereafter. Any waiver by one of the parties to raise a violation of a provision of these Terms will not be considered or interpreted by the other party as a definitive waiver of that provision, unless such waiver is made in writing.

Divisibility

If any provision contained in these Terms is or becomes void, illegal or, for any reason, unenforceable in whole or in part, such lapse, illegality or unenforceability will not affect the other provisions and parts of these Terms, and the provision obsolete, illegal or unenforceable will be considered as modified so as to have the most consistent result with regard to the applicable California law, or if you reside in Quebec, the applicable Quebec law.

Entire Agreement

These Conditions, as well as the Panier Québec invoice relating to the products and / or services you have ordered, constitute the entire agreement between Panier Québec and you and replace all agreements, proposals, oral or written, agreements, declarations, conditions, guarantees and all other communications between Panier Québec and you concerning the subject of any contract to the extent permitted by law. These Conditions cannot be interpreted or supplemented by previous transactions or trade, by custom or usage. The customer and Panier Québec agree that these General Conditions will be concluded in the English language and interpreted in English.

Third party rights

These Conditions are concluded between you and Panier Québec.

No third party will have the right to invoke these Terms except the manufacturers and Marketplace Sellers mentioned in the Terms – such manufacturers and Sellers will only have the right to enforce these Terms against you. (and not against Panier Québec), including with regard to any limitation or exclusion of liability in favor of Panier Québec under these Conditions.

Notwithstanding the preceding paragraph of this section, neither you nor Panier Québec will need to obtain the agreement of a third party to terminate the contract or make changes to these Conditions.

Children

We do not sell products intended for purchase by children. Products intended for a young audience are sold for purchase by adults. If you are not of legal age in accordance with the legislation in force, you can only use Panier Québec with the participation of a parent or guardian. If you order a product to which a minimum age requirement applies, by ordering this product you confirm that you and the recipient of the product, if different from you, are of the required age to purchase this product.