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TERMS OF USE AND SALE

TERMS OF USE AND SALE - Update on May 24, 2017.
Please read these terms of use (the "Terms of Use") carefully before using the transactional platform made available by LE CLUB PISCINE PLUS QUÉBEC C.P.P.Q. INC. ("Club Piscine Super Fitness"), which includes the website accessible at www.clubpiscine.ca and any current or future downloadable electronic application published by Club Piscine Super Fitness (the "Platform").
1. PREAMBLE
This Platform is made available to Users by Club Piscine Super Fitness. The terms “User” and “you” refer to you as user of this Platform, as a consumer or a visitor.
By using this Platform, you acknowledge and agree to these Terms of Use, without modification or qualification. These Terms of Use apply to all visits to the Platform both now and in the future.
Club Piscine Super Fitness reserves the right to amend these Terms of Use, at any time and without notice, by publishing a new version of the Terms of Use on the Platform. Any changes so made to the Terms of Use shall be applicable at of your next use of the Platform.
If you do not agree to these Terms of Use, you may not access, view, obtain products or services from, or otherwise use the Platform.
The Platform provides an online environment where Club Piscine Super Fitness may offer and sell its products and where Users may browse, purchase and receive such products and services directly from Club Piscine Super Fitness.
2. ELIGIBILITY AND AUTHORIZATION
If you are an individual, in order to use the Platform, you must be of age to consent and possess the power of discernment to enter into contracts alone to meet your ordinary and usual needs. If you are using the Platform as the mandator of another person, you must be a person of full age. You authorize Club Piscine Super Fitness, directly or through third parties, to make any inquiries it considers necessary to validate your identity. This may include asking you for further information, requiring you to take steps to confirm your access to the email address mentioned in your application for a User account/or verifying your information against databases maintained by Club Piscine Super Fitness or third parties or through other sources.
3. USER NAME, ACCOUNT AND PASSWORD
When you sign up for a User account to use the Platform, you must choose a username and a password that meets the requirements established by Club Piscine Super Fitness. You are entirely responsible for maintaining the confidentiality of your password. You shall not disclose your password to any third party or use the account of a third party. If you know of or suspect any unauthorized use of your User account, you shall immediately notify Club Piscine Super Fitness. You acknowledge and agree that Club Piscine Super Fitness may hold you accountable for any such unauthorized use of your User account.
4. NEWSLETTERS, SURVEYS AND CONTESTS
Club Piscine Super Fitness may use the Platform to promote its products and services by various means, including by way of newsletters, surveys and contests. Users are not required to participate in such promotional activities as a condition to the use of the Platform to obtain products or services.
5. REQUIRED INFORMATION
The User must provide complete and accurate required information, including an email address that he or she uses regularly, at the time of placing an order.
Before concluding an order made through the Platform, Club Piscine Super Fitness shall disclose and present the following information to the User prominently and in a comprehensible manner, so that the User may easily retain and print his or her order and correct any error before his or her order is registered:
  • its name and, if applicable, any other name under which the Club Piscine Super Fitness carries on business;
  • its address;
  • its telephone number;
  • a productized list of the prices of the products or services ordered;
  • the price of each item or service ordered, and any applicable fees and taxes;
  • the total amount to be paid by the User in connection with the order;
  • the date of the order;
  • the place and time of delivery;
  • reference to these Terms of Use, indicating the terms and conditions of cancellation, return, exchange or reimbursement;
  • all other restrictions or conditions applicable to the order.
6. FEES AND SERVICES
All prices for products and services offered by the Establishments are quoted in Canadian Dollars. Each User is responsible for paying the price of all products and services ordered using his or her User account, including all applicable taxes.
7. PAYMENT
Users must make payment for their orders made via the Platform using one of the payment methods offered by Club Piscine Super Fitness. When transactions are made through an intermediary such as PayPal, it is the Personal Information Protection Policy of such intermediary that applies to personal information that Users entrust such intermediary directly with. Each User irrevocably and expressly authorizes Club Piscine Super Fitness to debit from, or to credit to, as the case may be, the account identified by the User at the time the order is made the amount payable in respect of the order made or any adjustments to payments.
Orders and payments made by a User to a Franchisee without using the Platform are not subject to these Terms of Use. If the User makes an order or payment through the Platform that gives rise to a complaint, the User must communicate with Club Piscine Super Fitness. Any order or payment made by a User to a Franchisee through other means than the Platform and which gives rise to a complaint must be dealt with directly between the User and the Franchisee.
8. DELIVERY
Club Piscine Super Fitness is taking the means commercially appropriate to ensure unimpeded delivery of all orders to Users. When you order multiple products simultaneously, Club Piscine Super Fitness may ship them in a single shipment when possible and appropriate. The processing and the delivery of your order with Purolator can take up to 3 to 7 working days. The processing and the delivery of your order with a specialized delivery company can take 2 to 3 weeks from the order date for the greater Montreal area, and up to 3 to 6 weeks for remote areas. The carrier will contact the User to set the delivery date.
a) RE-STOCKING FEE
A 15% re-stocking fee may be charged for any returned item.
b) SALES TAX
Club Piscine Super Fitness collects sales taxes depending on where the order originates and remits them to the appropriate government authorities.
c) INSPECTION
Upon receipt of your order, you must visually inspect the shipped item(s). The User must refrain from accepting any Delivery Notice/Receipt (Waybill) for a product that would be visibly damaged or in bad condition. Should a product appear damaged, please refuse the package and immediately notify our Customer Service of the situation by writing to us through the “Contact us” section of our web site.
d) LARGE ITEMS
Large products (such as above ground swimming pools, spas, saunas, gazebos and garden furniture and other large products) are delivered through specialized shipping companies commissioned for these types of deliveries. They can deliver right up to your door, or to a specific place of your choice for an additional pre-determined fee. These companies will communicate with you in advance to establish a delivery date.
It is very important that you take great care in inspecting the merchandise you will receive from the carriers prior to signing to accept Delivery. You must also pay attention to any possible external damage that the package(s) may have suffered, and to remove all content from the package(s) in presence of the delivery person in order to determine if a product has any apparent defect. Should you discover any defect, whether apparent or not, specify it on the Delivery Notice/Receipt (Waybill). Should a product have a defect which render it unfit for the use, do not accept it and write « Delivery refused due to defect » on the Delivery Note/Receipt (Waybill).
Once you unpack the merchandise, if you discover any defect that were not readily apparent upon receipt, please notify us within 48 hours of delivery using the form provided in the « Contact us » section in order to rectify the situation.
Please note that Club Piscine Super Fitness is not responsible for any latent defect known to you or any apparent defect subsequent to your signature of the Delivery Notice/Receipt (Waybill) to accept delivery. However, Club Piscine Super Fitness may assist you in resolving your claim with the carrier, if warranted.
e) SATISFACTION
Any product refused upon delivery will be replaced in accordance with the Terms of Use herein, and any eventual error on our part will be corrected as soon as possible.
f) QUESTIONS
Should you have questions regarding delivery of your order, please do not hesitate to contact our Customer Service via our web site’s « Contact us » section.
9. CANCELLATION, RETURN, REFUND AND EXCHANGE
You may cancel your order made via the Platform if you have not received a copy of the contract corresponding to your order within 48 hours of such order.
Except for those products identified as "final sale", and subject to the following restrictions on certain categories of products, you can cancel a purchase within forty-eight (48) hours of the purchase by contacting our customer service, accessible via the “Contact Us” section of our website, subject to validation by a representative of Club Piscine Super Fitness. For any exchange or refund, in the 10 next days of the delivery, the product to be exchanged must be in the same condition as when delivered, that is to say, in the original packaging and in good condition. Club Piscine Super Fitness will refund you according to the original method of payment. No cancellation or exchange are possible for swimsuits and chemicals.
A 15% re-stocking fee may be charged for any returned item.
If you need to return a product, start your return process by sending an email via the "Contact Us" section of our website. You'll need to have the original order number, the name of the product, the reason for returning it and a (digital) photo of the product showing the condition of its packaging. Even if the packaging is intact, a (digital) photo is required for all return requests.
In addition, and unless notice to the contrary or delivery error made by Club Piscine Super Fitness, shipping and reshipping costs are at your expense. Any item returned without a return merchandise authorization number will result in rejection and returned of the product to you at your expense.
10. ERRONEOUS INFORMATION
Although Club Piscine Super Fitness takes great care to ensure the accuracy of all product prices and descriptions on our web site, the User acknowledges and agrees to refrain from holding Club Piscine Super Fitness responsible for any typographical, photographical or pricing errors which may occur, and be corrected at any time, and any damage or inconvenience caused by such errors. In the event that a product is mistakenly listed at an incorrect price, Club Piscine Super Fitness reserves the right to refuse or cancel any orders placed by a User for any products or services listed at an incorrect price or out of stock. If your account has already been charged for the purchase and your order is cancelled or refused, Club Piscine Super Fitness may reimburse you by crediting the concerned amount to the account identified when the order was placed.
11. CLOSING YOUR ACCOUNT
You may terminate your User account at any time by making a request to Club Piscine Super Fitness. Even in the event of termination of your User account, these Terms of Use shall continue to apply.
12. PROHIBITED CONTENT AND/OR ACTIVITY
The User acknowledges and agrees that Club Piscine Super Fitness may take any action in its sole discretion against anyone who infringes any of its rights, including without limitation, removing the offending content from the Platform or terminating the User account of any User.
In addition, the User agrees not to:
  • circumvent, modify, delete, disable or interfere with any security technology or software that is part of this Platform;
  • collect electronic addresses (including email addresses), passwords or other personal information of other Users of the Platform by any means;
  • disrupt the normal flow of dialogue on the Platform with an excessive amount of content (flooding attack) or otherwise negatively affect other Users' ability to use the Platform
  • use the Platform in any manner that could interfere with the general use of the Platform;
  • transmit junk mail or spam;
  • impersonate another User or falsely state or otherwise misrepresent your identity;
  • use the User account of another user without such user's authorization;
  • transfer your Club Piscine Super Fitness User account to another person without Club Piscine Super Fitness's consent.
13. TRADEMARKS AND BUSINESS NAMES
But for the trade-marks and trade-names of its suppliers and unless otherwise specified, all trade-marks or trade-names (collectively, the "Marks") displayed on this Platform are trade-marks or trade-names of Club Piscine Super Fitness. You agree not to adopt, use or reproduce the Marks or any trade-marks or trade-names which may be confused with the Marks without the prior written, specific and express approval of Club Piscine Super Fitness.
14. EXCLUSION OF WARRANTY
Club Piscine Super Fitness makes no warranty of any kind regarding this Platform, which is provided on an 'as is' basis. Club Piscine Super Fitness does not warrant the accuracy, completeness, currency or reliability of any of the content or data found on this Platform and Club Piscine Super Fitness expressly disclaims all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular use and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. Club Piscine Super Fitness makes no warranty that this Platform, its servers or any e-mail sent from Club Piscine Super Fitness are free of viruses or other harmful components.
15. LIMITATION OF LIABILITY
Club Piscine Super Fitness shall not be liable for any damages resulting from or in connection with the use of this Platform.
16. VIOLATION OF TERMS AND INDEMNIFICATION
The User agrees to report any violations of these Terms of Use by sending written notice thereof by email to ecommerce@clubpiscine.ca. Club Piscine Super Fitness’ failure to act promptly with respect to a breach of the Terms of Use does not amount to a waiver of any right to claim indemnification for any damages arising from such breach or to act with respect to subsequent or similar breaches.
User agrees to indemnify and hold harmless Club Piscine Super Fitness against any claims or expenses relating to (i) breach of any of these Terms of Use by any person; (ii) the User's negligence or misconduct, or (iii) claims that User has infringed any right of a third party.
The User agrees to indemnify Club Piscine Super Fitness for any damage caused by the User to Club Piscine Super Fitness.
17. NO PARTNERSHIP OR AGENCY
The User understands and acknowledges that no joint venture, partnership, employment, or agency relationship exists or is created between the User and Club Piscine Super Fitness as a result of the use of the Platform.
18. PRIVACY
Club Piscine Super Fitness protects the personal information of the Users who use this Platform and has implemented a personal information protection policy. Club Piscine Super Fitness encourages you to carefully read it. The User expressly consents to the collection, use, communication and retention by Club Piscine Super Fitness of its personal information and all other information disclosed by it to Club Piscine Super Fitness (and which it may disclose in the future) pursuant to the terms of that policy.
19. MISCELLANEOUS
These Terms of Use shall be construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein. These Terms of Use constitute the entire agreement between you and Club Piscine Super Fitness and govern your use of the Platform, superseding any prior agreements that you may have with us.
If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Use shall continue in effect.
20. ACKNOWLEDGEMENT
By your use of this Platform, you acknowledge and agree that you have read, understood and agreed to abide by these Terms of Use.
21. COMMUNICATIONS
If you would like to request additional information regarding these Terms of Use, please contact us at ecommerce@clubpiscine.ca. Our postal coordinates are as follows:
CLUB PISCINE SUPER FITNESS
888, boulevard Industriel
Bois-des-Fillion, Québec, J6Z 4V1