TERMS & CONDITIONS

PRELIMINARY REMARKS

MERGA INDUSTRIELS INC. (“MERGA INDUSTRIELS”, exploits the merga.ca (the “Site”). This contract is a legal agreement between the user of the site and MERGA INDUSTRIELS.

PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE NAVIGATING on “sitemerga.ca”.

When navigating on the merga.ca site, you accept to be linked to the modalities and stipulations of this contract, and this, as long as you are on the merga.ca boutique. You acknowledge having read and understood these TERMS & CONDITIONS. If you refuse to be bound by these TERMS & CONDITIONS, you should not access the merga.ca site or order products via merga.ca.

IF YOU DO NOT WISH TO BE BOUND BY THIS CONTRACT, DO NOT NAVIGATE ON merga.ca.

The terms and conditions of this contract may change at any time and shall come into force automatically.

LOCATION OF THE WEBSITE

MERGA INDUSTRIELS operates the Site from its offices located in Canada.

1060 blvd. Michèle-Bohec, suite 108
Blainville, Québec, Canada, J7C 5E2

MERGA INDUSTRIELS does not make any representation that the information on the Site may be used outside of Canada and that it is prohibited to access this Site from jurisdictions where the legislation would indicate that the content or use of the Site is illegal. Users who choose to use the Site do so at their own initiative and therefore agree and acknowledge to be governed by all applicable jurisdiction laws. Any claim related to the Site or arising out of or relating to the use of the Site or its content, is governed by the laws applicable in the Province of Québec.

USE RESTRICTIONS

Except if otherwise specified in either section of the Site, no site component can be copied, reproduced, distributed, published, translated, downloaded, displayed or transmitted, in any way, without prior written approval of MERGA INDUSTRIELS or of the copyright holder. Users can display or download elements of the Website, but only for internal purposes and as long as you do not modify these elements and that you maintain all intellectual property notices they contain. Any unauthorized of said contents may subject you to criminal civil and/or criminal prosecution.

TRADEMARKS

The trademarks and logos used or posted on this Site are registered or not by MERGA INDUSTRIELS or third parties. Nothing in the Site can be interpreted to enable, directly or indirectly, the use of a trademark reproduced by this Site without the written permission of the owner of such a trademark.

SALES CONDITIONS ACCEPTANCE

When you place an order on the MERGA INDUSTRIELS Website, the client accepts all the sales conditions displayed on merga.ca. These conditions can be modified at any time, without prior notice.

LIMITED WARRANTY

The guarantees on the products sold by MERGA INDUSTRIELS are those provided by the constructor or the vendor of the original product. This warranty is limited to buyers for resale of their own activities.

The products are sold to the buyer “as-is, where-is-basis”, and MERGA INDUSTRIELS does not include any warranty, condition or affirmation, explicit or implicit, other than the limited warranty above.

ACCURACY OF INFORMATION AND PRICES

MERGA INDUSTRIELS makes every effort to ensure the product information provided (description, images, prices, etc.) are as accurate as possible. However, MERGA INDUSTRIELS cannot guarantee the correctness of the information published on our Website.

MERGA INDUSTRIELS cannot be held liable for any inaccurate information on its Website. MERGA INDUSTRIELS reserves the right to modify the information and prices without prior notice. Since the prices displayed on the Website might be incorrect, MERGA INDUSTRIELS reserves the right to refuse an order submitted on Internet.

DELIVERY

Shipping is free under certain conditions for $75 orders or more in the area near our Laval warehouse. Contact our customer service at 1-866-668-5010 to find out if you qualify for free shipping.

For orders of less than $75, special orders and emergencies or outside our free delivery zone, the cost may vary and will be sent to you by email, following the reception of your order. The user has to agree on the delivery price for us to process your order.

RETURNED MERCHANDISE AND REFUND POLICY

All products sold by MERGA INDUSTRIELS which show a defect in manufacturing may be returned by the buyer within 30 days following receipt and a valid proof of purchase.

Under any circumstances, the merchandise returns must first be approved by MERGA INDUSTRIELS who reserves the right to accept of refuse said merchandise.

The merchandise returned must be in good condition, in its original package and in perfect condition for resale. The goods are subject to inspection by MERGA INDUSTRIELS. MERGA INDUSTRIELS reserves the right to accept or refuse reimbursement of the goods.

Shipping and/or storage fees may be invoiced to the client for any returned merchandise.

CARRIER'S LIABILITY

When the transportation of goods is carried out by MERGA INDUSTRIELS or one of its carriers, MERGA INDUSTRIELS assumes the full responsibility of the merchandise until the time of delivery to the client.

If the client undertakes to carry the goods himself, he takes full responsibility therefor, in the event of damage of the goods when he takes control of it.

RESPONSIBILITIES OF THE BUYER

Buyers have to respect the laws and regulations in force on the territory regarding the use, storage and transportation of goods purchased from MERGA INDUSTRIELS. In any circumstances, MERGA INDUSTRIELS cannot be held liable for a breach related to the regulation of the use, storage, or transport of goods by his clients.

Before purchasing and using a product, take note of its recommended use as well of the applicable laws and regulations at the national, provincial and local levels, making sure that the product as well as its installation and use comply with the contract agreement.

LIMITATION OF LIABILITY

MERGA INDUSTRIELS shall not be liable for any damage, including compensatory damages, direct or indirect, or any other damage of any nature that could have been caused to users or any other natural or legal person, by any technical or technological equipment that is located either on the merga.ca site or by any other human or technical error that may occur at any stage, problems or technical defect of the electronic or communications network, of the online computer systems, servers, computer equipment, software, data transmission, or any other technical problem or of network congestion or other. MERGA INDUSTRIELS uses technical means to protect based on best practices, to protect against malicious softwares but cannot guarantee total immunity.

MERGA INDUSTRIELS assumes no liability for any damage, cost or loss incurred by the buyer neither for any delay, or failed delivery or refusal to act or any other event beyond its control, in case of force majeure, intervention or non-intervention of a State, of a government or other public powers, a confiscation, an armed conflict, a blockage or blocade, an insurrection, an invasion, a quarantine, a riot, a sabotage, a fire, a flood, an explosion, an epidemic, a landslide, lightning, an earthquake, an accident, a strike, a lock-out, a stoppage or slowdown of work, an embargo, a power outage, or any delay or any outage having repercussions on products, material, fabrication or transportation.

merga.ca and its elements are provided “as is”, without any warranty, implicit or explicit. Subject to any public legislation to the contrary, MERGA INDUSTRIELS cannot be held responsible in any means whatsoever and gives no warranty, including warranties of merchantability or convenience for a particular purpose. Moreso, MERGA INDUSTRIELS makes no representation about the use, download, validity, the accuracy or reliability of the elements reproduced or merga.ca or as to the results arising from the use of such elements. Although MERGA INDUSTRIELS does everything possible to ensure that the merga.ca Website contains no error, MERGA INDUSTRIELS shall not be held liable for any errors linked that may appear on the merga.ca. Its related companies, managers, employees, representatives or agents shall in no event be held liable of any damages directly or indirectly linked to the use of merga.ca, including the loss of data or profits ensuing from the use of items of merga.ca or inability to use such elements.

In the event where merga.ca is found liable for any loss you have sustained, it will be limited to the amount you have paid for the products concerned. Notwithstanding the above, nothing in this section can limit any right you may have as a consumer under either the laws or the public code that may be applicable to you.

YOUR ACCOUNT

If you register on the Site, you are responsible for maintaining your account and password, and to limit the access to your computer and you accept full responsibility of any transaction made in your account with your password. If the confidentiality of the information could be compromised, please advise our service as soon as possible to avoid the fraudulent use of your Identity. MERGA INDUSTRIELS will not be held liable for any loss or damage resulting from failure to comply with the security measures elaborated in this section. Further, if you are under 18 years old, you cannot use the Site without the supervision of a parent or a guardian.

We recommend that you read closely the responsibility limitation contained in these TERMS & CONDITIONS to clearly understand the extent of your responsibility when using this Site.

PENALTIES

MERGA INDUSTRIELS has the right at any time to exclude a user, on a temporary or full time basis, or deactivate his account, (“use penalties”). MERGA INDUSTRIELS can use penalties when, in the reasonable opinion of MERGA INDUSTRIELS, a user has violated legal provisions, the right of the third party or the provisions regarding this site. Penalties may also be established if MERGA INDUSTRIELS has another justified interest in this respect, either to ensure the protection of other users or to prevent any handling. Any excessive use, at the expense of third parties, of one or many other users, or of MERGA INDUSTRIELS, can also translate by excluding the user and by signaling a criminal offence. MERGA INDUSTRIELS has the right, in its absolute discretion, to refuse users or to prohibit them from using of MERGA INDUSTRIELS and is not liable of any loss of value or any problem caused by licence managing this site by users.

CONTACT

If a user needs to contact with MERGA INDUSTRIELS regarding any problem with the TERMS & CONDITIONS, to the Privacy policy or any other condition about this Website, please use this email address: webmaster@merga.ca.

AVAILABILITY

With the current technology available, it is not possible to develop and implement computer programs (softwares) and data processing systems (computer hardware) that are completely error-free nor to eliminate all unpredictable events linked to Internet (hereafter collectively, “technical errors”). Consequently, MERGA INDUSTRIELS does not provide any guarantee regarding continuous and uninterrupted availability of its Website and its technical systems.

The links on the MERGA INDUSTRIELS site that leads to the Websites of third parties are available to users for convenience only. If users use these links, they will leave the MERGA INDUSTRIELS. MERGA INDUSTRIELS reviewed all third party Websites and has no control over these Websites nor over their content and assumes no responsibility whatsoever for their content. Consequently, MERGA INDUSTRIELS will not provide any recommendations nor any representations about these sites nor any information, product or material found on these sites or about any result that could be found following their use. If a user decides to access one of the third party Websites available through the MERGA INDUSTRIELS Website, he does so at his own expense. MERGA INDUSTRIELS cannot assume any responsibility regarding data protection and to guidelines relating to confidentiality of third party Websites.

COMPLIANCE WITH REGULATIONS

The user agrees to comply with all legislation, rules, and local, federal and international treaties applicable when using this Website. Further, when using the MERGA INDUSTRIELS Website, the user shall comply with Internet standards generally recognized and shall refrain from using Internet excessively according to the conditions of this Website, as amended from time to time.

GENERAL

The section headers used herein are only for practical reasons and do not hold legal significance and shall not affect the construction nor the interpretation of these TERMS & CONDITIONS. Unless otherwise specified in these TERMS & CONDITIONS, the words indicating the singular include the plural and vice-versa, and the words indicating the gender include all genders. If all dispositions of these TERMS & CONDITIONS is held invalid or unenforceable, in full or in part, this invalidity will only affect the said disposition and the rest of the TERMS & CONDITIONS will remain in effect.

The present TERMS & CONDITIONS of the site and any other condition governing this site are in compliance with the applicable laws in the province of Québec. You recognize by the present that any dispute resulting from the use of the services and MERGA INDUSTRIELS site will be presented before the District of Laval courts, in the province of Québec.

COPYRIGHT

All contents (texts, illustrations and images) reproduced in the merga.ca online shop are protected by copyright and intellectual property rights and for the entire world.

Unless otherwise specified, in any of the sections of the merga.ca online shop, no element of merga.ca can be copied, reproduced, distributed, translated, downloaded, or transmitted in any way, without the prior written permission of MERGA INDUSTRIELS. You are allowed to display and download from merga.ca online shop, for internal use only and as long as you do not modify these elements and that you maintain all original copyright and intellectual rights. Any unauthorized use of the aforementioned content could be subject to civil responsibility and/or criminal charges.