EUROtextile.ca Conditions of Use
Last updated: June 26, 2018
Welcome to www.EUROtextile.ca (the "EUROtextile.ca site"). EUROtextile.com.ca, Inc., and/or its affiliates ("EUROtextile.ca") provide website features and other products and services to you when you visit or shop at the EUROtextile.ca site, use EUROtextile.ca products or services, use EUROtextile.ca applications for mobile, or use software provided by EUROtextile.ca in connection with any of the foregoing (collectively, "EUROtextile.ca Services"). EUROtextile.ca provides the EUROtextile.ca Services subject to the following conditions.
By using EUROtextile.ca Services, you agree to these conditions. Please read them carefully.
We offer a wide range of EUROtextile.ca Services, and sometimes additional terms may apply. When you use an EUROtextile.ca Service, you also will be subject to the guidelines, terms and agreements applicable to that EUROtextile.ca Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
When you use any EUROtextile.ca Service, or send e-mails, text messages, and other communications from any device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages on the EUROtextile.ca site or through other EUROtextile.ca Services, such as our Message Centre. You agree that all agreements, notices, messages, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any EUROtextile.ca Service (such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software) is the property of EUROtextile.ca or its content suppliers, and is protected by Canadian and international copyright laws. The compilation of all content included in or made available through any EUROtextile.ca Service is the exclusive property of EUROtextile.ca and protected by Canadian and international copyright laws.
Licence and Access
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, EUROtextile.ca or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the EUROtextile.ca Services. This licence does not include any resale or commercial use of any EUROtextile.ca Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any EUROtextile.ca Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by EUROtextile.ca or its licensors, suppliers, publishers, rightsholders, or other content providers. No EUROtextile.ca Service, nor any part of any EUROtextile.ca Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of EUROtextile.ca. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of EUROtextile.ca without express written consent. You may not use any meta tags or any other "hidden text" utilizing EUROtextile.ca's name or trademarks without the express written consent of EUROtextile.ca. You may not misuse the EUROtextile.ca Services. You may use the EUROtextile.ca Services only as permitted by law. The licenses granted by EUROtextile.ca terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own EUROtextile account to use certain EUROtextile.ca Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. EUROtextile.ca does sell products for children, but it sells them to adults who can purchase with a credit card or other permitted payment method. If you are under the age of majority in your province of residence, you may use the EUROtextile.ca Services only with involvement of a parent or guardian. EUROtextile.ca reserves the right to refuse service, terminate accounts, terminate your rights to use EUROtextile.ca Services, remove or edit content, or cancel orders in its sole discretion.
Reviews, Comments, Communications, and Other Content
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. EUROtextile.ca reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant EUROtextile.ca a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicencable right to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public by telecommunications and display such content throughout the world in any media for all purposes, including in advertising and promotions. You grant EUROtextile.ca and sublicencees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify EUROtextile.ca for all claims resulting from content you supply. EUROtextile.ca has the right but not the obligation to monitor and edit or remove any activity or content. EUROtextile.ca takes no responsibility and assumes no liability for any content posted by you or any third party.
Intellectual Property Complaints
EUROtextile.ca respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
Risk of Loss
Risk of loss and title for items purchased from EUROtextile.ca pass to you upon our delivery to the carrier or, if such items must cross an international border, then risk of loss and title pass to you when they clear customs.
Returns, Refunds and Title
EUROtextile.ca does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, EUROtextile.ca does not take title to the refunded item. For more information about our returns and refunds, please Click here.
EUROtextile.ca attempts to be as accurate as possible. However, EUROtextile.ca does not warrant that product descriptions or other content of any EUROtextile.ca Service is accurate, complete, reliable, current, or error-free. If a product offered by EUROtextile.ca itself is not as described, your sole remedy is to return it in unused condition.
"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on the EUROtextile.ca site and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on the EUROtextile.ca site.
With respect to items sold by EUROtextile.ca, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process.
Disclaimer of Warranties and Limitation of Liability
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC'S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
THE EUROTEXTILE.CA SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE EUROTEXTILE SERVICES ARE PROVIDED BY EUROTEXTILE.CA ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. EUROTEXTILE.CA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE EUROTEXTILE.CA SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE EUROTEXTILE.CA SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE EUROTEXTILE.CA SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EUROTEXTILE.CA DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. EUROTEXTILE.CA DOES NOT WARRANT THAT THE EUROTEXTILE.CA SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE EUROTEXTILE.CA SERVICES; ITS SERVERS, ELECTRONIC COMMUNICATIONS, OR E-MAIL SENT FROM EUROTEXTILE.CA SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EUROTEXTILE.CA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY EUROTEXTILE.CA SERVICE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY EUROTEXTILE.CA SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Applicable Law and Disputes
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered address, 8110 Arlington Avenue, Saint Hubert, Quebec, Canada, J3Y 0P8.
These Conditions of Use and any dispute of any sort that might arise between you and EUROtextile.ca shall be governed by the laws of the Province of Quebec, without reference to its conflict of laws provisions, and the laws of Canada applicable therein, and any disputes will be submitted to the courts of competent jurisdiction of the District of Montreal (Quebec).
Site Policies, Modification, and Severability
We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
8110 Avenue Arlington,
Saint Hubert, Quebec, Canada
Notice and Procedure for Making Claims of Intellectual Property Infringement
If you believe that your intellectual property rights are being infringed, please contact with our Direction by e-mail info@EUROtextile.ca. We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.
We offer the following alternative to our online form for copyright complaints only. You may submit written claims of copyright infringement to our Direction at:
8110 Avenue Arlington, Saint Hubert, QC, Canada, J3y 0P8
Phone: +1(438) 930-0100
Written claims concerning copyright infringement must include the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;