TERMS AND CONDITIONS
October 1, 2019
NORDLYSS Inc. (hereinafter “NORDLYSS”,”The Company”, “we”, “us” or “our”) owns the brand KERNELLE (hereinafter “KERNELLE” or “The Brand”) and operates the Kernelle.com website (hereinafter the “Site” or “Website”). Use of the Site is governed by terms and conditions that apply to the Site and to sales, shown below (the “Terms and Conditions”), which constitute an agreement between you and NORDLYSS. NORDLYSS may modify these Terms and Conditions at any time.
THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THIS SITE AND THE RELATED SERVICES, FEATURES, CONTENT, APPS, WIDGETS OFFERED OR ANY PURCHASES YOU MAKE VIA THE SITE. PLEASE READ THESE TERMS CARREFULLY BEFORE USING THE SITE AND/OR ORDERING A PRODUCT FROM THE SITE. THIS SITE IS INTENDED FOR CANADIAN AND U.S. USERS ONLY.
These Terms of Use apply to all users of the Site, including, without limitation, users who are contributors of content, information and other materials or services on the Site. Your access and use of the Site will be subject to the version of the Terms of Use posted on the Site at the time of use. If you do not agree with the Terms of Use, then you do not have the right to access, view, download or otherwise use the Site or purchase any product and, accordingly, you should not do so.
It is your responsibility to check these Terms of Use for changes prior to use of the Site, as we may at our sole discretion change, add, or delete portions of these Terms of Use at any time. Any use of the Site following the posting of changes to these Terms of Use constitutes your acceptance of any changes. If any such material changes occurs, we will post the new Terms and Conditions on the Site and indicate the date of the most recent update. We may notify you by posting a notice of the changes on the Site, and/or by email, in Our sole discretion. The use of the Site following the posting of changes to these Terms of Use constitutes your acceptance of any changes.
1. TERMS OF USE OF THE WEBSITE
1.1 Site Operations
The company operates the Site from its offices in Canada. The Company makes no representations to the effect that material on the Site is available for use in locations other than Canada, and accessing the Site from locations where its content or use thereof are prohibited may be illegal. Those who choose to access this Site do so of their own initiative and are responsible for complying with any locally applicable laws.
1.2 Restriction Of Use
You may only use the Site in accordance with these Terms and Conditions. No part of the Site may be copied, distributed, reproduced, downloaded, published, translated, displayed or transmitted in any way whatsoever without prior written permission from NORDLYSS. You may display or download material from the Site for noncommercial purposes only, provided that that you respect its relevant copyrights and you do not modify it.
1.3 Intellectual Property Rights
The Site, and all of its contents, including but not limited to names, words, titles, images, phrases, logos, illustrations, graphic icons and service marks (collectively the “Trademarks”), video material, audio material, including musical compositions and sound recordings that appear on the Site, products or any components included in or with those products are protected by copyright, trademark and other laws of Canada, as well as international conventions and the laws of other countries. The Proprietary Material is owned or controlled by NORDLYSS or by other parties that have provided rights thereto to us. You may not copy, reproduce, utilize, distribute or transmit, in part or in whole, the Trademarks, Content or any other intellectual property that appear on the Site, in or with products or components that are included there, without express prior written consent. Nothing displayed on the Site, products or elsewhere shall be directly or indirectly construed as granting you (or anyone whosoever) any licence, right, title or other interest in the Trademarks or any other intellectual property, and the Trademarks and other intellectual property shall remain the exclusive property of KERNELLE or their owners. Any nonauthorized use may make you liable for civil and/or criminal lawsuits. We may, in appropriate circumstances, terminate your account for the Site and any or all affiliate websites if you are a repeat infringer of our Terms & Conditions. If you believe that a user is a repeat infringer, you shall immediately notify us at the following email address [email protected]. Please provide sufficient information for us to verify your statement.
1.4 Third Parties & External Links
The Website may include links to other websites operated by third party companies. By clicking on these links, you will leave the KERNELLE Website. KERNELLE (nor The Company) has neither developed, reviewed or verified the accuracy of the data contained on these sites. We have no control over the operation of these websites and the fact that they may be linked to the KERNELLE Website does not in any way render us liable, specifically as regards their content, the products/services provided or any other damages or loss that they may cause you.
1.5 Website Modifications
The Company may change, suspend, discontinue or terminate any aspect of the Site, including its functionality, at any time without prior notice or liability. The Company may also add, remove or otherwise change any content that is on the Site or accessible from it or impose limitations as regards certain functionalities and services or restrict your access to some or all parts of the Site without prior notice or liability.
1.6 User Submitted Content Permission
As a user of this Site, you acknowledge that any material, information and opinions (collectively the “Information”) that you may submit to the site, will be considered non-exclusive and non-confidential and may be used by us, our affiliates or others without restriction. You represent and warrant that you own or otherwise control all rights in the User Content that you submit and that our public posting and use of such User Content does not violate or violate the User Content. rights of third parties in any way whatsoever, including without limitation any right to privacy, right of publicity, copyrights, contract rights or any other intellectual property or property rights. By submitting, sending, posting, downloading, modifying or otherwise providing information, material or any other communication with us, including the content of the user, whether requested or not, you grant us, to us and to our recipients, rights worldwide, without limitation, irrevocable, perpetual, fully paid, nonexclusive, assignable, fully transferable, sublicense, license to use, copy, reproduction, modification, publication, translation, adaptation, creation of derivative works, improvement, distribution, marketing, performance or display of such user Content (in whole or in part) worldwide and/or to incorporate into other works in any form whether, support or technology, known or further developed for any purpose whatsoever, including, without limitation, advertising and promotional purposes, reproduction, transmission, publication, broadcasting and publishing without further consent on your part, without notice, without credit and / or without compensation for you or a third party. You hereby also grant each user of the Site a non-exclusive license to access your User Content via the Site and to use, edit, modify, reproduce, distribute, prepare Derivative works, view and realize this user content. We and our delegates also have the right, but not the obligation, to use your username (and your real name, image, likeness or other identifying information, if provided in connection with the content of the user), the city and the province in relation to broadcasting, printing, online or other use or publication of your user content. Our recipients and we may use or otherwise transfer, remove or remove any unrestricted user content, and users of the site will not be entitled to any compensation for the use, transfer or disposal of the user’s content by our cares.
We do not control the user’s content displayed on the site and, as such, we make no representations or warranties regarding the user’s content, truthfulness, accuracy, reliability, integrity or quality. . We do not determine whether the user’s content violates the rights of others and we have no control over the offensive nature of the user’s content. The content of the user includes the opinions, statements and other contents of third parties. By using the Website, you acknowledge and agree that the information and opinions expressed by you or any other users in the User Content on the Site do not reflect our views or those of our content providers, advertisers, sponsors, affiliates or related. We do not expressly assume or waive any obligation or liability with respect to the User Content and no agreement or confidential or fiduciary relationship is established by our receipt or acceptance of such material. We have no obligation to verify the identity of users when they are connected to the site or to supervise user content provided by users. You acknowledge that we may or may not pre-filter, monitor, revise, modify or delete the User Content posted by you and other users on the Site. We and our agents retain the right to modify, move, deny, block or delete any User Content, in whole or in part, for any reason or for any reason, with or without notice.
2. SALES TERMS AND CONDITIONS
2.1 Account Creation
You can create your account by clicking on the registration link directly from the home page. Having an account will allow you to place orders more quickly and benefit from our membership program and/or specials. Personal information such as your first and last name and billing and shipping addresses are kept on file in a secure manner so that you do not have to enter them each time you place an order. Setting up an account also lets you access your order history and check the status of your orders, the whole in accordance with the terms of our Privacy Policy. You may close your account at any time. However, closing your account means that you will loose permanently access to your order history, your credits and cash points and all the account related information. You will also need to enter your shipping and billing addresses each time you place an order. Please note that each time you make a purchase on the Website, an account is automatically created using your email as the username and a temporary password is sent to your email. This is because we need to keep track of your orders. However, an inactive account is automatically deleted after 1 year.
2.2 Credit Card Payments
Presently, we only accept payments by credit cards. We do not accept wire transfers nor cheques or payments in cash.
Only the following credit cards are accepted:
- Visa
- Mastercard
We might decide to add other methods of payments or remove one of the existing at our sole discretion.
2.3 Prices – Promotions & Private Sales
Kernelle Website always charges in Canadian dollars (CAD).
The currency used for the prices is displayed in the top right level of the site, next to the language switcher.
It is your responsibility to check the currency before making a purchase. It is also your responsibility to check the exchange rate applied by your card issuer.
The Company reserves the right to change the prices of the products on the Website at any time, without prior notice.
Each product offered on the site has its associated purchase price clearly displayed. Shipping costs and applicable taxes are extra and not included in the displayed price, unless we state that shipping is included. However these fees and sales taxes (if applicable) are shown in the cart and check-out page before you make the purchase. Sales taxes will depend on your location and are defined by government regulations.
Promotions offered in the Website are subject to limitations in stocks and/or time. When a promotion occurs, it is the responsibility of the customer to make sure the correct product is selected and the promotion or the coupon code is applied to the cart before making the purchase. Coupons and gift cards earned or offered by KERNELLE have an expiration date. It is the customer’s responsibility to use them before expiration. Otherwise, they will be lost and can not be claimed.
Private sales are organized from time to time and are exclusive to KERNELLE’s members. During these private sales products may be offered at reduced prices, new collections or special editions may be offered. Products sold at these events are considered final sale products and are not subject to the return policy.
2.4 Returns & Refunds
Exchange – We accept Kernelle product exchanges at any time until the end of the 45th day following receipt. With the exception of items purchased on sale, in private sales or promotions or if the product was open.
Refunds – We will refund all Kernelle products in their original unopened packaging within 30 days of their delivery date (excluding items purchased on sale, during a private sale, or during a promotion). We do not issue refunds for trial sizes. Returned items must be accompanied by their invoice and order number (included in the original Package). The shipping and insurance costs of returned items will be charged to you.
Defective Product – In the event that you have received a defective merchandise, we will make a refund or exchange free of charge.
Refunds will always be issued using the same method of payment as the original purchase.
2.5 Products Stocks & Availability
Inventories are subject to stock variations and KERNELLE does not under any circumstances guarantee that products offered on the Site are available in inventory. KERNELLE will refund the amount charged to your credit or debit card for all the products that cannot be delivered because they are out of stocks and will send you a refund confirmation by email. KERNELLE can not be held responsible for any damage you may suffer due to the unavailability of one or more products.
3. DISCLAIMERS
(i)THE SITE VISITORS AGREE TO THEIR USE AND THE CONFIDENCE OF ANY ADVICE OR ANY INFORMATION OBTAINED FROM OR THROUGH THIS SITE IS AT THEIR RISK. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE PROVISIONS PROVIDED FOR AND PERMITTED BY APPLICABLE LAW, WE (INCLUDING OUR AFFILIATES, THIRD PARTY CONTENT PROVIDERS, SPONSORS, LICENSORS AND SIMILAR AND THEIR DIRECTORS, RESPONSORS, OFFICERS AND EMPLOYEES) AND EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO LIMIT: ANY WARRANTY REGARDING THE AVAILABILITY, ACCURACY, SUITABILITY, RELIABILITY, TIMELINESS OR USEFULNESS OF THE CONTENT OF THE SITE; AND ANY WARRANTY OF TITLE, WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY IMPLIED BY ANY TRADE PERFORMANCE OR USE OF TRADE. WE DO NOT MAKE ANY REPRESENTATIONS AND WARRANTIES WITH RESPECT TO ALL LINKED SITES AND WE HAVE NO LIABILITY FOR YOUR USE OF THESE WEBSITES. IN SOME CASES, THE CONTENT AVAILABLE ON THE SITE MAY REPRESENT THE NOTICES AND JUDGMENTS OF SUPPLIERS OR USERS, SUCH AS THE CONTENT OF THE USER. WE AND OUR AFFILIATES DO NOT WARRANT THAT WE SHALL HAVE ANY LIABILITY FOR THE ACCURACY OR RELIABILITY OF ANY ADVICE, ADVICE OR REPRESENTATION MADE ON THE SITE BY ANY OTHER PERSON OTHER THAN OUR AUTHORIZED EMPLOYEES ACTING TO SUCH A CAPACITY.
(ii) IN NO EVENT SHALL NORDLYSS, ITS AFFILIATED COMPANIES OR THEIR RESPECTIVE MANAGERS, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, AGENTS OR EMPLOYEES BE HELD RESPONSIBLE FOR INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION THE LOSS OF DATA, REVENUE, PROFITS, BUSINESS OPPORTUNITIES OR ANY LOSS, DAMAGE, RESPONSIBILITY, COST OR EXPENSE ARISING FROM OR IN RELATION TO YOUR PURCHASE OF PRODUCTS FROM THE WEBSITE, THE USE OF THE WEBSITE OR THE INABILITY TO USE THE WEBSITE, WHATEVER THE ORIGIN OF THE ACTION (NEGLIGENCE, GROSS NEGLIGENCE, CONTRACTUAL RESPONSIBILITY, IN TORT OR BASED UPON ANY OTHER LEGAL DOCTRINE, INCLUDING FUNDAMENTAL BREACH), EVEN IF NORDLYSS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE COMPANY’S LIABILITY TOWARDS YOU MAY BE UPHELD, IT SHALL BE LIMITED TO THE PURCHASE PRICE OF THE ITEMS THAT YOU ORDERED ON THE SITE.
Notwithstanding the foregoing, nothing in this section shall have the effect of limiting your rights as a consumer with respect to one or more public policy laws (including consumer protection laws) that could you are applicable.
4. GENERAL INFORMATION
4.1 Force Majeure
NORDLYSS will not be liable for the inability to perform any of its obligations to you in whole or in part, or any damages or losses you may incur, if such non-performance, damages or losses result from a case force majeure or circumstances beyond its control.
4.2 Governing Laws
The Terms and Conditions shall be governed by the laws in effect in the province of Quebec – Canada, and any claims in conjunction with the Website, its Content or its use shall be governed by laws applicable in the province of Quebec – Canada. The application of any private international law or any law that might be applied to resolve legal disputes, such as the United Nations Convention for Contracts on International Sale of Goods, is expressly excluded.
4.3 Notice
The terms and conditions constitute the entire agreement between NORDLYSS and yourself regarding the matters discussed herein. If the provisions of the Terms and Conditions or their implementation are found to be invalid with respect to any statute, regulation or law, the aforementioned provisions are deleted from the Terms of Use and the other provisions of the Terms and Conditions are not affected.