Terms of Use

This policy applies to the website: www.lebacrose.ca

Last Update: October 26, 2020

Welcome to the website www.lebacrose.ca (the "Website") of which Christine Deniger ("Le bac rose") is the owner and administrator. 

By accessing and using the Website or services, you agree to be bound by all the Terms of Use in their entirety. If you do not agree with these Terms of Use, you should not access the Website nor download any part of its content. 

1. Prices

All prices are in Canadian dollars. Applicable taxes as well as freight and delivery charges are extra. Le bac rose can modify the price of the products offered on its website at any time, without notice.  

2. Delivery

Shipping is available almost anywhere in Canada, some restrictions may apply. If one of your products is out of stock, we will wait until your order is complete before shipping it, which may cause additional delays. 

3. Return/Exchange

If you are not satisfied with a product, contact us to let us know via info@lebacrose.ca. Thereafter, you will be able to return the product in its original packaging and condition within 30 days of receipt in order to receive a refund. Please note that the initial shipping and handling charges will not be refunded. The refund will only be made once the product has been received and accepted by our customer service. It is important to enter your personal details (name, address, telephone number and/or email address) so that we can easily contact you if necessary. For an exchange or a credit note, the deadline is also 30 days according to the conditions listed above. Le bac rose can not be held responsible for loss or damage suffered during a return of merchandise. 

Clearance items are considered final sale, no return possible. Sales are also final for intimate, sanitary or personal care products. If the product does not suit you (which is not a Le bac rose error), the return postage costs are at your expense.  

In the situation where a product is damaged during transport between our company and the customer, the customer must, upon receipt, contact Le bac rose by email within 48 hours to report the damaged product. Any damage to the products after their receipt is the sole responsibility of the customer. 

4. Modify/Cancel an Order

If you wish to modify or cancel your order, please contact us as soon as possible via our email address info@lebacrose.ca. For orders taht are canceled or changed after dispatch, shipping costs are at the customer's expense. Le bac rose, at its sole discretion, reserves the right at any time after receipt of your order, to accept or reject your order. You acknowledge that the price of goods and services may change without notice and that goods and services are subject to availability. 

5. Accuracy of Information

Although Le bac rose takes all necessary measures to ensure the accuracy of the information on this Website, it does not guarantee that the information or material contained therein is up-to-date, accurate or free of errors or exhaustive. Le bac rose assumes no responsibility for any errors or omissions that may appear in the content of this Website, including information relating to product descriptions, pricing and availability. Le bac rose reserves the right to correct, modify or update the information posted on this Website at any time without notice. 

6. Ownership and Restrictions on Use

Le bac rose owns and operates the Website. All content, data, graphics, photographs, images, sounds, videos, software, trademarks, service marks, trade names and other information (collectively, the "Content") that appears on this Website is the property of Le bac rose, its affiliates or third party licensors. The Content is protected by Canadian and international copyright and trademark laws. Except to the extent provided herein, you may not modify, copy, reproduce, publish, display, transmit, distribute, display on screen, perform, transfer or sell any content, or create derivative works thereof, without consent, express prior writing of Le bac rose. You may download, print and reproduce the content for our own informational purposes, provided that you retain all copyright notices and other proprietary rights notices (exclusive rights) therein, and that you quote its URL. It is strictly forbidden to reproduce all or part of the Content in multiple copies, for the purpose of resale or distribution, without the prior written permission of Le bac rose. Unless stated otherwise, our Website is for your personal use and not for commercial purposes. It is only intended to inform and entertain you. 

"Le bac rose" is a trademark of Le bac rose. Other marks, graphics, font type, trademarks and logos appearing on the Website are trademarks and trade dress of Le bac rose. All other trademarks appearing on the Website are the property of their respective owners. Our trademarks and trade dress may not be used in any way or for any purpose without the express written consent of Le bac rose. 

7. Registration and Passwords

To access certain portions of the Website, you may be asked to complete an online registration form. In consideration for your use of this Website and the Services provided on it, you agree to provide true, current, complete and accurate information as requested on any registration form to which this Website may direct you, and to update that registration information as soon as possible after any information on such registration form changes. As part of the registration process, you may be asked to provide an email address or password. You are solely responsible for keeping that password condidential, and for any and all activity that occurs on this Website under such password or email address. You agree to immediately notify Le bac rose of any unauthorized use of your password or email address or any breach of security. 

8. User Conduct

You may have the opportunity to upload, publish, display or otherwise post information, ideas and opinions on the Website through product reviews, responses, feedback or other material (collectively, "User Content") posted on the Website. By choosing to access the Website and/or by submitting User Content, you agree to abide by all applicable federal, provincial, territorial and other laws and regulations as well as the other terms of these Terms of Use and any rules that may be published from time to time by Le bac rose. In addition, without limiting the scope of the foregoing, you agree that you will not:

a) Download, display, email or otherwise transmit User Content that: 

  • Constitutes unsolicited or unauthorized promotional materials or advertising content, junk mail, spam, chain emails, pyramid schemes or any other form of solicitation;

  • Infringes any patent, trademark, trade secret, copyright or other proprietary or privacy rights of any third party;

  • Is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable;

  • Contains any form of destructive software such as a virus, computer worm, Trojan horse, logic bomb, cancel message robot, any other harmful component, or any other computer file, program or computer code designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.

b) Harvest or otherwise collect or store any piece of information (including personally identifiable information) about other Website users, including email addresses, without the express consent of such other users;

c) Create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Website for the purpose of misleading others;

d) Impersonate any person or entity, including, but not limited to, a Le bac rose employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

e) Attempt to gain unauthorized access to the Website, other computer systems or networks connected to the Website, through password or any other means;

f) Interfere with or disrupt networks or servers connected to the Website or violate the regulations, policies or procedures of such network; 

g) Use, download or otherwise copy, or provide to any person or entity any Website users directory or other information relating to users or the use of a site, in whole or in party, other than in the context of your use of the Website. The following stipulations are collectively referred to as the "Code of Conduct". 

9. User Content

You are solely responsible for all User Content that you upload, publish, display, or to which you provide a link (hereinafter “post”) on or through the Website. You must not post any User Content to the Website that you did not create or do not have permission to post. Le bac rose is not responsible for User Content and will not accept any liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity or otherwise. Le bac rose may, but is not obligated to, monitor or review activity on the Website and any User Content and may block, edit, delete or remove (without notice) any User Content at its sole discretion. Le bac rose reserves the right to terminate the privilege of any user to post User Content or to participate in other Le bac rose Services, if such users violates these Terms of Use and/or the Code of Conduct.

By submitting User Content to the Website, you grant Le bac rose the worldwide, non-exclusive, unrestricted, royalty-free, perpetual, irrevocable, assignable right and licence to use, reproduce, modify, edit, publish, translate User Content (in whole or in part), create derivative works from, license such content, publicly perform and display the User Content (in whole or in in part) for any purpose whatsoever and/or to incorporate it in other works in any form, media or technology now known or later developed, without your prior approval, and, you further waive any "moral rights" that you may have to User Content. In addition, by submitting User Content to Le bac rose, you represent and warrant that you own and control all rights in and to the User Content and that you have the right to grant the foregoing rights to Le bac rose. User Content represents the views and opinions of the person or people who convey it.

You acknowledge that Le bac rose may establish general practices and limits concerning the use of the Website, including, without limitation, setting the maximum number of days that email messages, message board postings or other User Content may remain posted on the Website. You agree that Le bac rose assumes no responsibility or liability for the deletion or failure to store any messages, other communications or User Content maintained on or transmitted by the Website. You are solely responsible, at your sole cost and expense, for creating backup copies of and replacing any User Content you post or store on the Website.

10. Product Reviews

Le bac rose strives to provide to the public product reviews of the highest quality and integrity. We encourage honest and respectful communication. Therefore, in addition to complying with the Code of Conduct, if you submit a product review you hereby agree:

  • You will not post a product review unless you own or have used;

  • You will only post one review for each product (unless you are providing new information);

  • You will not include insults, personal attacks, or inflammatory language in your product review;

  • You will not post a product review if you are an employee (or relative of an employee) of the manufacturer of the product or of a competitor's product.

You also understand and agree that Le bac rose is under no obligation to display any product reviews you submit on the Website, and may edit or remove product reviews at its sole discretion.

11. External Links

It is our goal to provide increased value to you, our visitors. Therefore, for your convenience, the Website may provide you with links to other websites on the internet that are owned and operated by third parties and therefore not affiliated with us. Please understand that such linked Websites are independent from Le bac rose and Le bac rose has no control over the content of such Websites. Consequently, Le bac rose cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, content, timeliness and/or completeness of the information contained on such Websites. The links we might share on our Website do not imply that we sponsor, endorse, or are affiliated or associated with, or have been legally authorized to use any trademarks, trade names, service marks, designs, logos, symbols or other copyrighted materials displayed on or accessible through such sites. We welcome any feedback that you have concerning the external links we have placed on our Website.

12. Disclaimer/Limitation of Liability

Although we strive to update the content contained on the Website as often as possible and keep it accurate as possible, errors and/or omissions may occur.

ACCORDINGLY, THIS WEBSITE, INCLUDING THE CONTENT AND SERVICES PROVIDED HEREIN, IS BEING PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. LE BAC ROSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LE BAC ROSE DOES NOT WARRANT THAT THE FUNCTIONS ON THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL LE BAC ROSE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY CONTENT OR SERVICES, EVENT IF LE BAC ROSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

You agree to indemnity and hold harmless Le bac rose, its affiliates, members, officers, employees, agents and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resolting from:

a) Any content (including User Content) you (or anyone acting under your password or user name) submit, post, transmit or make available on the Website;

b) Your (or anyone acting under your password or user name) use of this Website, your connection to it, or any other alleged violation by you of these Terms of Use, including, without limitation, the Code of Conduct;

c) Your violation of any law or rights of a third party.

13. Applicable Laws

These Terms of Use are governed by and construed in accordance with the laws of the Province of Quebec and of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the juridicial district of the City of Saint-Hyacinthe, Province of Quebec. If any provision of the present Terms of Use shall be unlawful, void or for any reason unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of the remaining provisions. These Terms of Use and any other legal notices or statements posted on the Website, including the Privacy Policy, constitute the entire agreement between you and Le bac rose with respect to the use of the Website, including the Content.

14. Changes and Termination

Le bac rose reserves the right to, at any time and sometimes, modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Furthermore, Le bac rose reserves the right to change these Terms of Use at any time and to notify you by posting an updated version of the Terms of Use on this Website. You are responsible for regularly reviewing the Terms of Use, including, without limitation, by checking the "Last Update" date at the top of this document. Continued use of the Website after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the Website constituting consideration from Le bac rose to you for being bound. Your only right with respect to any dissatisfaction with 1) these Terms of Use; 2) any policy or practice of ours in operating the Website, or 3) any Content available through the Website, is to stop visiting and using this Website.

15. Privacy

Le bac rose respects your right to privacy of your personal information. Please review our Privacy Policy for details on the manner which we collect, use, disclose, and otherwise manage your personal information.

16. Notice

Notices to you may be made via email or regular mail, or in cases of changes to these Terms of Use or to the services offered by the Website, by posting notices or links to such notices on the Website itself. If you have any questions or comments regarding these Terms of Use, please contact us at info@lebacrose.ca.