IPATIO Service Agreement
This Service Agreement (the "Agreement") sets out the terms on which IPATIO offers this website and sells products to you. By browsing ipatio.ca, creating an account, or placing an order, you agree to this Agreement. Please read it carefully. If you do not agree, please do not use this website.
1Who We Are
This website is operated by IPATIO ("IPATIO", "we", "us", or "our"), an online retailer of outdoor living, patio, garden and home decor products, registered and operating in Quebec, Canada. We operate exclusively online and do not maintain a store, showroom or pickup location open to the public.
IPATIO
Online retailer — Quebec, Canada
Customer support: [email protected]
General enquiries: [email protected]
Live chat: available on this website
GST: 790950273RT0001 | QST: 1226502102TQ0001
2Use of This Website
You may use this website only for lawful purposes and in accordance with this Agreement. You agree not to:
- use the website in any way that breaches any applicable law or regulation;
- attempt to gain unauthorized access to the website, the server on which it is stored, or any connected server, computer or database;
- introduce any virus, malware, or other material that is malicious or technologically harmful;
- use any automated system, robot, scraper or similar tool to access, copy or monitor the website or to collect product, pricing or customer data, except for search engine crawlers operating in accordance with our robots.txt;
- resell, republish or commercially exploit any part of the website or its content without our prior written consent.
We may suspend or terminate access to the website, or cancel an order, where we reasonably believe these terms have been breached.
3Accounts
You may place orders as a guest or by creating an account. If you create an account, you are responsible for keeping your login credentials confidential and for all activity that occurs under your account. You agree to provide accurate and complete information and to keep it up to date. Please notify us promptly at [email protected] if you believe your account has been used without your authorization.
4Products, Descriptions and Availability
We make reasonable efforts to describe our products accurately, including specifications, dimensions and images supplied by manufacturers. Product images are illustrative, and colours may vary depending on your display. Minor variations in dimensions, finish or packaging may occur between production runs.
All products are offered subject to availability. Stock levels shown on the website are updated regularly from supplier feeds but may not reflect real-time availability. We may limit quantities, discontinue a product, or decline to supply any product at any time.
5Pricing, Taxes and Currency
Unless clearly stated otherwise, all prices are listed in Canadian dollars (CAD) and exclude applicable taxes, shipping charges and any duties, which are calculated and shown at checkout.
Prices are subject to change without notice. Despite our efforts, a product on the website may occasionally be mispriced or contain a typographical error. Where a product's correct price is higher than the price shown, we will contact you before shipping to ask whether you wish to proceed at the correct price or cancel the order. We are not obliged to supply a product at an incorrect price.
6Orders and Acceptance
Your order is an offer to purchase. The order confirmation email we send after checkout acknowledges that we have received your order; it does not constitute acceptance. A contract of sale is formed only when we accept your order, which we may do by shipping the product or by sending an express acceptance.
We may decline or cancel an order, in whole or in part, including where the product is unavailable, where a pricing or description error has occurred, where we are unable to verify payment or delivery information, or where we suspect fraud or a breach of this Agreement. If we cancel an order for which you have already been charged, we will refund the amount charged for the cancelled portion.
Where only part of an order can be fulfilled, we may invoice and ship the available items and cancel the remainder, refunding or releasing any amount charged for the cancelled items.
Pre-order items are subject to additional terms. Please see our Pre-Order Policy.
7Payment
We accept the payment methods shown at checkout. Payments are processed by third-party payment providers, and your use of those services is subject to their own terms and privacy policies. We do not store full payment card numbers on our systems.
Depending on the payment method, your card may be authorized at the time of order and captured when the order, or part of it, is invoiced or shipped. Where only part of an order is fulfilled, we capture only the corresponding amount and release the remaining authorization.
You confirm that you are authorized to use the payment method you provide.
8Shipping and Delivery
Shipping options, charges, service areas and estimated timeframes are described in our Shipping Policy, which forms part of this Agreement.
Delivery timeframes are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, weather, customs, or other events beyond our reasonable control. Please inspect your shipment on arrival and report visible damage or shortages to us promptly so that we can assist with a carrier claim.
9Returns, Cancellations and Refunds
Returns, exchanges, cancellations and refunds are governed by our Return Policy, which forms part of this Agreement. Please review it before purchasing, as some products may be subject to specific conditions.
10Warranties
Products sold on this website may carry a manufacturer's warranty. Where a manufacturer's warranty applies, it is provided by the manufacturer on its own terms, and warranty claims may need to be directed to the manufacturer. We will assist you in identifying the applicable warranty and the correct claims process.
Except as expressly stated in this Agreement and as required by applicable law, the website and its content are provided "as is" and we make no representations or warranties of any kind, express or implied, regarding the website, its availability, or its content.
11Product Use and Safety
Many products sold on this website, including shelters, gazebos, greenhouses, garages and similar structures, require correct assembly, anchoring and seasonal maintenance. You are responsible for following the manufacturer's instructions and safety warnings, for complying with local by-laws, permits and installation requirements, and for taking appropriate precautions in adverse weather, including snow load removal where applicable. We are not responsible for damage or injury resulting from improper assembly, installation, anchoring, use or maintenance.
12Intellectual Property
The website and its content, including text, graphics, logos, images, product photography, page layouts and software, are owned by IPATIO or our suppliers and licensors and are protected by copyright, trademark and other intellectual property laws. The IPATIO name and logo are our trademarks. Manufacturer and brand names appearing on the website are the trademarks of their respective owners and are used to identify the products we sell.
You may view, download and print content from the website for your own personal, non-commercial use. All other use requires our prior written permission.
13Reviews and Submissions
If you submit a product review, question, image or other content to the website, you grant us a non-exclusive, royalty-free, worldwide licence to use, reproduce, adapt and display that content in connection with our business. You confirm that your submission is your own, is accurate, and does not infringe anyone else's rights. We may edit, decline to publish, or remove submissions at our discretion.
14Third-Party Links and Services
The website may contain links to third-party websites and may integrate third-party services such as payment processing, shipping carriers, live chat, mapping and analytics. These are provided for convenience only. We do not control and are not responsible for the content, products, privacy practices or availability of third-party sites and services.
15Privacy
Our collection, use and disclosure of personal information is described in our Privacy Policy, which forms part of this Agreement.
16Limitation of Liability
To the fullest extent permitted by applicable law, IPATIO will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or goodwill, arising out of or in connection with your use of the website or the purchase or use of any product.
To the fullest extent permitted by applicable law, our total aggregate liability in connection with any product or order is limited to the amount you paid for that product or order.
Nothing in this Agreement excludes, restricts or modifies any right, warranty, guarantee or remedy that you have under applicable consumer protection legislation, including the Quebec Consumer Protection Act, where those rights cannot lawfully be excluded or limited.
17Indemnification
You agree to indemnify and hold harmless IPATIO and its officers, employees and agents from any claim, loss, liability or expense, including reasonable legal fees, arising from your breach of this Agreement, your misuse of the website, or your violation of any law or the rights of a third party.
18Changes to This Agreement
We may update this Agreement from time to time. The version published on this page at the time you place an order governs that order. We encourage you to review this page periodically. Material changes will take effect when posted.
19Governing Law and Language
This Agreement is governed by the laws of the Province of Quebec and the federal laws of Canada applicable in that province, without regard to conflict of law rules. You agree to the exclusive jurisdiction of the courts of the Province of Quebec, district of Montreal, subject to any right you may have under applicable consumer protection legislation to bring proceedings in your own jurisdiction.
This Agreement is published in English, French and Chinese. In the event of any inconsistency between the versions, the French version prevails for consumers located in Quebec; otherwise the English version prevails. The Chinese version is provided for convenience only.
20Severability and Entire Agreement
If any provision of this Agreement is found to be unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in full force. Our failure to enforce any provision is not a waiver of it.
This Agreement, together with our Privacy Policy, Return Policy, Shipping Policy and Pre-Order Policy, constitutes the entire agreement between you and IPATIO regarding the website and your purchases.
21Contact Us
If you have questions about this Agreement, please contact us. We provide customer service by email and live chat; we do not currently offer telephone support.
IPATIO — Quebec, Canada
Customer support: [email protected]
General enquiries: [email protected]
Live chat: available on this website
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