Terms and conditions

GENERAL CONDITIONS OF ONLINE PRODUCT SALES – LUMINAIRES PAUL GRÉGOIRE INC.

1. YOUR RIGHTS AND OBLIGATIONS
   • THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
   • BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND COMPLETE YOUR PURCHASE, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE ONLINE TERMS AND CONDITIONS.
   • YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH LUMINAIRES PAUL GRÉGOIRE INC., OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS OR GOODS BY APPLICABLE LAW.
   • These terms and conditions of sale (the “Terms“) apply to the purchase and sale of products through our website https://luminairesgregoire.com/en/ (the “Website“). These Terms are subject to change by Luminaires Paul Grégoire inc. (referred to as “we“, “us” or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Website. You should review these Terms before purchasing any product or services that are available through this Website. Your continued use of this Website after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
   • These Terms are an integral part of the Legal Notice that applies generally to the use of our Website (the “Legal Notice“). You should also carefully review our Privacy Policy before placing an order for products through this Website (see Section 12).
2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us by sending an order confirmation email with your order number and details of the products you have ordered (an “Order Confirmation“), or we will not be obligated to sell the products to you. We may choose not to accept orders at our sole discretion, even after we send you an Order Confirmation.

3. Prices and Payment Terms.
   • Prices posted on this Website may be different from prices offered by us at our Store. All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be indicated in the Order Confirmation. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your Order Confirmation. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions at any time and to cancel any orders arising from such occurrences.
   • We may offer, from time to time, promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
   • Terms of payment are within our sole discretion and payment must be received by us before we accept an order. We only accept credit cards for all purchases on this Website. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honoured by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping, delivery and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.
4. Shipments; Delivery; Title and Risk of Loss.
   • We will arrange for a carrier to ship the products, whether from our Store, our suppliers or our partners. To be clear, under no circumstances will we be responsible for transporting your order. Shipping and handling charges specific to your order will be specified in the shopping cart and in the Order Confirmation. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping and delivery of your order.
   • Title and risk of loss or breakage pass to you upon our transfer of the products to the carrier. Shipping and delivery dates mentioned in an Order Confirmation are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
5. Returns and Refunds. Except for Special Orders and any products designated on this Website, in particular in the liquidation tab, in the Order Confirmation or on the invoice delivered to the Store as being on final sale or non-returnable, we will accept a return of products for a refund of the purchase price, less the original shipping, delivery and handling charges, provided that such return is made within fourteen (14) days of receipt of your order or purchase at the Store.
   • Online Return Procedure. To return products, you must call us at (450)-638-3866 or email our customer service department at servicesweb@paulgregoire.com to obtain a return merchandise authorization (“RMA“) number before shipping your product. We will ask for your Order Confirmation number or the number of your invoice from a purchase made in the Store to obtain an RMA number. No returns of any type will be accepted without an RMA number. You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during the return shipment. Please note that if the product was paid for in whole or in part by gift cards, you may only return the product to the Store in accordance with paragraph 5(b)
   • Store Return Procedure. To return products, you can also visit us at our Store. A member of our team will ask you to bring your Order Confirmation or a copy of your invoice from a purchase made in the Store.
   • Condition of the Product. Any product returned to us, whether via the online returns procedure described in paragraph 5(a) or at a Store in accordance with paragraph 5(b) , must be in its original packaging, new, unused and unmodified or tampered with. WE RESERVE THE RIGHT NOT TO REFUND YOU IF THE PRODUCT IS NOT RETURNED IN ITS ORIGINAL, NEW AND UNUSED PACKAGING.
   • Refunds. All returns, whether made online in accordance with paragraph 5(a) or in Store in accordance with paragraph 5(b) , are subject to a twenty-five percent (25%) restocking fee. Refunds are made within approximately five (5) business days of our receipt of the returned product. Your refund will be credited to the same payment method used to make the original purchase on the Website or in the Store, including if payment is made by gift cards. For greater clarity, if the purchase was made in part using a gift card and in part using another method of payment (for example, a credit card), the refund will first be made to a gift card, up to the amount initially paid with it. Any remaining balance will then be refunded using the second method of payment. Please note that the return of a product purchased in whole or in part with a gift card can only be made at a Store in accordance with paragraph 5(b) . WE OFFER NO REFUNDS FOR SPECIAL ORDERS AND ANY PRODUCTS DESIGNATED ON THIS WEBSITE, THE ORDER CONFIRMATION OR AN INVOICE FROM A PURCHASE MADE IN THE STORE AS NON-RETURNABLE.
6. Exchanges. With the exception of Special Orders and products identified on this Website, including in the liquidation tab, in the Order Confirmation or on the invoice from a purchase made in the Store as being a final sale or non-exchangeable, we will accept the exchange of a product (the “Original Product“) for another (the “Exchange Product”), provided that such return is made within fourteen (14) days of receipt of your order or Store purchase. Exchanges are subject to the availability of the Exchange Product.
   • Returns Procedure. To exchange an Original Product, you must come and see us in Store. A member of our team will ask you to have your Order Confirmation or a copy of your invoice from a purchase made in Store.
   • Condition of the Product. Any Original Product being exchanged must be in its original packaging, new, unused and unmodified or tampered with. WE RESERVE THE RIGHT TO REFUSE AN EXCHANGE IF THE ORIGINAL PRODUCT IS NOT RETURNED IN ITS ORIGINAL, NEW AND UNUSED PACKAGING.
   • Refund or Payment of the Difference. If the price of the Exchange Product is different from the price of the Original Product (less the original shipping, delivery and handling charges), an adjustment will be made at the time of exchange. If the Exchange Product is more expensive than the Original Product, you will be required to pay the difference at the time of exchange, using a method of payment accepted at the Store. If the Exchange Product is less expensive than the Original Product, we will refund the difference at the time of exchange. Refunds are made within approximately five (5) business days of the exchange. Your refund will be credited to the same payment method used to make the original purchase on the Website or in the Store, including payment by gift cards. For greater clarity, if the purchase was made in part using a gift card and in part using another method of payment (for example, a credit card), the refund will first be made to a gift card, up to the amount initially paid with it. Any remaining balance will then be reimbursed using the second payment method.
7. Special Orders. Notwithstanding any provision to the contrary, the return procedure described in Section 5 and the exchange procedure described in Section 6 do not apply to a Special Order. For the purposes of these Terms, a “Special Order” is an order that you have placed via this Website or in a Store and for which you have requested a product modification or alteration, including, but not limited to, the addition or modification of switches or the installation of a longer chain, or an order that we place specifically for you with our suppliers, in particular because we do not have the product in our inventory.
8. Damaged Products. You must check that the products delivered comply with the Order Confirmation and have not been damaged or spoiled during delivery within fourteen (14) days of delivery or purchase from the Store. If you fail to contact us and send us a notice of non-conformity within this period, you will be deemed to have accepted the products.
9. Manufacturer’s Warranty and Disclaimer.
   • We do not manufacture or control any of the products offered on our Website or in the Store. The availability of products on our Website or in the Store does not indicate an affiliation with or endorsement of any product or manufacturer. Accordingly, we do not provide any warranties with respect to the products offered on our Website or in the Store. However, the products offered on our Website or in the Store are covered by the manufacturer’s warranty as detailed in the product’s description or instruction manual included with the product (the “Instructions“).
     • To obtain a warranty service for defective products during the LPG Warranty Period, you need to (1) contact our team; (2) provide us with your Order Confirmation or invoice if you purchased the product at our Store; (3) at our team’s request, send us, at your expense, your product; and (4) follow any verbal or written instructions from our team. We will liaise with the manufacturer, solely as an intermediary and without any admission of liability on our part, to enable the manufacturer to honour its warranty to you. We do not guarantee processing times or acceptance of the warranty claim by the manufacturer. The limitations of liability described in Section 10 shall apply to any warranty service for defective products performed in accordance with this sub-paragraph 9(a)(i)
     • To obtain a warranty service for defective products after the LPG Warranty Period, you must follow the warranty claim procedure described in the Instructions. To this end, we may, merely as an intermediary and without any admission of liability on our part, put you in touch with the manufacturer or provide you with the relevant contact details to enable you to assert any rights under the manufacturer’s warranty, where this exists. We do not guarantee processing times or acceptance of the warranty claim by the manufacturer.
     • For the purposes of these Terms “LPG Warranty Period” means the shorter of: (1) the warranty period offered by the manufacturer as detailed in the Instructions; and (2) 1 year for a standard luminaire, 3 years for an LED bulb and 5 years on any integrated LED product sold by us to you.
   • ALL PRODUCTS OFFERED ON THIS WEBSITE OR IN STORE ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS OFFERED ON THIS WEBSITE OR IN STORE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF (A) MERCHANTABILITY; (B) FITNESS FOR A PARTICULAR PURPOSE; OR (C) AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, TRADE PRACTICE, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. IT IS YOUR RESPONSIBILITY TO ENSURE THAT THE PRODUCTS ORDERED ARE SUITABLE FOR YOUR PROJECT AND THEIR INTENDED USE.
   • YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOUR ITS WARRANTY OBLIGATIONS TO YOU.
10. Limitation of Liability.
    • IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR LOSS OF VALUE, ARISING OUT OF OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
    • OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR WEBSITE OR IN STORE.
    • The limitation of liability set forth in paragraph 10(b) applies only to the extent permitted by law.
    • We are not responsible in any way whatsoever for the costs incurred by you for professional services required for the installation or removal, the set-up or use of the products sold, including but not limited to the services of electricians, installers or any other technical service provider. You remain solely responsible for verifying the compatibility of the products purchased for your intended use and with your existing installation and for the methods of implementation and installation, which must be carried out in accordance with the standards in force and, where applicable, by qualified professionals.
11. Goods Not for Resale or Export. You represent and warrant that you are purchasing products from the Website or Store for your personal or household use only, and not for resale or export. You further represent and warrant that all purchases are for delivery within Canada.
12. Privacy. Our privacy policy, available online at our Website at https://luminairesgregoire.com/en/privacy-policy/ (our “Privacy Policy“), governs the treatment of all personal information collected from you in connection with the purchase of products on the Website.
13. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riots or other civil unrest, national emergency, revolution, insurrections, epidemics, lockouts, strikes or other labour disputes (whether or not relating to our workforce), delay or delay in obtaining any governmental permit or authorization, or restraints or delays affecting carriers, our suppliers of goods, products or services or inability or delay in obtaining adequate or suitable materials, materials or telecommunications breakdown or power outrage or Internet failure.
14. Governing Law and Jurisdiction. This Website is operated from Canada. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the Province of Québec and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the Province of Québec.
15. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 15 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
16. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of any future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Luminaires Paul Grégoire inc.
17. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
18. Notices.
    • To You. We may provide any notice to you under these Terms by (i) sending a message to the email address you provided to us when placing your order or (ii) by posting it on the Website. Notices sent by email will be effective when we send the email and notices we provide by posting on our Website will be effective upon posting. It is your responsibility to keep your email address current and to notify us of any changes to your contact information.
    • To Us. To give us notice under these Terms, you must contact us as follows: (i) by sending an email to servicesweb@paulgrégoire.com; or (ii) by visiting us in store at 4820, route QC-132, Sainte-Catherine (Québec) J5C 1V9 (the “Store“). We may update our email address or the address for notices to us by posting a notice on the Website. Notices sent by email will be effective at the time the email is sent.
19. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
20. Entire Agreement. Our Order Confirmation, these Terms, our Legal Notice and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.