Terms of Service

TERMS AND CONDITIONS OF

OMAISON.CA

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE.

 

The following Terms and Conditions govern and apply to your use of or reliance upon this website maintained by O’Maison.

 

Your access or use of the website indicates that you have read, understand and agree to be bound by these Terms and Conditions at any time without notice, effective upon its posting to the website. Your continued use of the website will be considered your acceptance to the revised Terms and Conditions.

 

1. INTELLECTUAL PROPERTY

 

All intellectual property on the website is owned by us our licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the website, including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under Canadian and other copyright laws and nis the proprietary of the Company; All rights reserved.

 

2. PAYMENT

 

When you make a purchase on the Website, you agree to provide a valid instrument to make a payment. Pay attention to the details of the transaction, as your total price may include taxes, fees, and shipping costs, all of which you are responsible for.

 

When you provide a payment instrument to us, you confirm that you are permitted to use that payment instrument. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount of the payment instrument you designate for the transaction. You also authorize us to collect and store that funding instrument, along with other related transaction information.

 

If you pay by credit or debit card, we may obtain a preapproval from issuer of the card for an amount as high as the full price. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you.

 

We may cancel any transaction if we believe the transaction violates these Terms, or if we believe in doing to may prevent financial loss.

 

In order to prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law.

 

3. SALE OF GOODS

 

We undertake to be as accurate as possible with all information regarding the goods, including product descriptions and images. However, we do not guarantee the accuracy or reliability of any product information and you acknowledge and agree that you purchase such products at your own risk.

 

4. SHIPPING, DELIVERY AND RETURN POLICY

 

You agree to ensure payment for any items you may purchase from us and you acknowledge and affirm that prices are subject to change. When purchasing a physical good, you agree to provide us with a valid email and shipping address, as well as valid billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information you provide to us. If we do so after payment has been processed, we will not issue a refund. We may also request additional information from you prior to confirming a sale and we reserve the right to place any addition restrictions on the sale fo any of our products. For the sale of physical products, we may preauthorize your credit or debit card at the time you place the order or we may simply charge your card upon shipment. You agree to monitor you method of payment. Shipment costs and dates are subject to change from the costs and dates you are quoted due to unforeseen circumstances.

 

For any questions, concerns, or disputes, you agree to contact us in a timely manner at the following:

 

contact@omaison.ca 

 

If there seems to be an error with the product you received, you may request a replacement free of charge.

 

5. ACCEPTABLE USE

 

You agree not to use the website for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the website in any way that could damage the website, the services or the general business of O’Maison.

 

You further agree not to use and/or access the website:

 

  1. To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
  2. To violate any intellectual property rights of us;
  3. To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
  4. To perpetrate fraud;
  5. To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
  6. To publish or distribute any obscene or defamatory material;
  7. To publish or distribute any material that incites violence, hate or discrimination towards any group;
  8. To unlawfully gather information about others.

 

6. INDEMNIFICATION

 

You defend and indemnify O’Maison and any of its affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your misuse of the website, your breach of these Terms and Conditions, or your conduct or actions. We will select our own legal counsel and may participate in our own defence, if we wish to do so.

 

7. SERVICE INTERUPTIONS

 

We may need to interrupt your access to the website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the website may be affected by unanticipated or unscheduled downtime, for any reason, but that the we will have no liability for any damage or loss caused as a result of such down time.

 

8. NO WARRENTIES

 

Your use of the website is at your sole and exclusive risk and any services provided by us are on an “as is” basis. We disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the website will meet your needs or that the website will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the website or obtained through the services. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the website is your sole responsibility and we are not liable for any such damage or loss.

 

 

9. PRIVACY

 

Internet communications are subject to interception, loss or alteration and, as consequences, you acknowledge that the information or data you provide by electronic means by accessing or using this website are not confidential or exclusive, except to the extent required by applicable laws, and that communications by email may be intercepted, altered or lost.

 

10. LIMITATION ON LIABILITY

 

We are not liable for any damages that may occur to you as a result of your use of the website, to the fullest extent permitted by law. The maximum liability of O’Maison arising from your use of  the website is limited to the greater of one hundred Canadian Dollars or the amount you paid to O’Maison in the last six months. This applies to any and all claims by you, including, but  not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.