1. Scope
These terms and conditions govern sales (hereinafter “T&Cs”) on the merchant site www.transibox.com.
All sales of products distributed by Distribution Transibox are governed by these T&Cs. These T&Cs are systematically submitted to all our customers (hereafter “the Customer”) when creating an account. The Customer approves them in order to be able to create an account, a necessary condition to be able to place an order online.
Whenever these conditions are updated, the Customer will have to approve them again even if he already has an account on our merchant site.
Distribution Transibox also ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation click. Consequently, the act of placing an order implies the Buyer’s full and unreserved acceptance of the T&Cs.
Oral or written declarations and/or commitments by sellers or representatives of Distribution Transibox do not bind Distribution Transibox unless the latter has consented to them in writing.
2. Orders
Orders will only be final and enforceable against Distribution Transibox if all of the following conditions have been met:
A summary of your order information and these T&Cs will be sent to you via the order confirmation email address.
The order confirmation will be worth the signature and acceptance of the operations carried out.
Distribution Transibox reserves the right not to accept payment and not to confirm an order for any reason whatsoever, and more particularly in the event of a supply problem, or in the event of difficulty concerning the order received.
Any modification or cancellation of an order that has become final and therefore binding on the parties, requested by the Purchaser, can only be taken into consideration if it is received in writing before the products are shipped, and it is subject to its express acceptance by Distribution Transibox.
3. Price
The products are invoiced in accordance with the rates in effect on the day the order is accepted by Distribution Transibox.
Prices are set exclusive of tax and are denominated in Canadian Dollars. They do not include transport, any possible customs fees or insurance, which are the responsibility of the Buyer unless otherwise indicated.
4. Payment
Payment for Products is made exclusively by Paypal or credit card using the secure system in effect at the time of validation of your order.
5. Product delivery
The delivery dates indicated on the order confirmation voucher are indicative only. Delays in delivery and any error or omission in the Products delivered cannot be used as a reason for canceling orders in progress, nor give rise to any claim of any kind (damages, withholding, etc.).
The Products may be subject to a customs tax or to obtaining an import or export license. The Buyer declares to be responsible for all customs constraints and authorizations necessary for the importation of the Products into its territory and to assume all the financial consequences that such constraints could entail.
6. Guarantee
All our Products benefit from the legal guarantee of conformity and the guarantee against hidden defects, provided for by the Civil Code. In the event of non-compliance of a product sold, it may be returned, exchanged or refunded.
Distribution Transibox recalls that when the Purchaser takes physical possession of the products, the risk of loss or damage to the products is transferred to him. Thus, all complaints, requests for exchange or refund must be made in writing within 7 days of delivery.
The products must be returned to us in the condition in which you received them with all the elements (accessories, packaging, etc.). The shipping costs will be refunded to you on the basis of the invoiced price and the return costs will be refunded to you on presentation of supporting documents.
Any warranty is excluded in the event of misuse or negligence on the part of the Purchaser, such as in the event of force majeure.
7. Limitation of liability
Distribution Transibox can only be held liable for proven fault causing direct and foreseeable damage.
Distribution Transibox shall in no case be liable for any indirect damage (including loss of profit, loss of image, or other losses of a pecuniary nature) resulting from a delay or failure in the execution of the sale.
In any event, the responsibility of Distribution Transibox, whatever the cause or reason, cannot exceed, in total, the price of the Products acquired by the Buyer.
8. Intellectual Property
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of Distribution Transibox. No assignment of intellectual property rights is made through these T&Cs. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
9. Applicable law
By express agreement between the parties, these T&Cs and the purchase and sale transactions resulting therefrom are subject to the laws applicable in the province of Quebec and in Canada.
10. Jurisdiction clause
The parties agree, for any claim or legal action of any nature whatsoever, relating to the execution and interpretation of the T&Cs, to choose the judicial district of Montreal, province of Quebec, Canada, as the appropriate place for the hearing of said claims or legal proceedings to the exclusion of any other judicial district which may have jurisdiction over such a dispute as prescribed by law.