General conditions of sale, refunds and returns
Effective as of 20/11/2020
These terms and conditions of sale are entered into, on the one hand, between the company Maison Bambusa, whose registered office is located at: 3300 ch. d’Auteuil, Saint-Damien, Quebec J0K-2E0, Canada, registered with the Quebec Enterprise Register TGI 837 961 184, and operating the website maisonbambusa.com, represented by Mr. Jean Poliquin, hereinafter referred to as the “Seller” or the “Company,” and,
on the other hand, by any individual or legal entity wishing to make a purchase via the website maisonbambusa.com, hereinafter referred to as the “Buyer” or the “Customer,” the following has been stated and agreed upon:
Article 1: Purpose
These General Terms and Conditions of Sale (GTC) aim to define the contractual relationship between Maison Bambusa and the buyer and the conditions applicable to any purchase made through the website maisonbambusa.com. Purchasing a product through this website implies the buyer’s unreserved acceptance of these General Terms and Conditions of Sale, which the buyer acknowledges having read prior to placing their order. Before any transaction, the buyer declares, firstly, that the purchase of products on the maisonbambusa.com website is unrelated to their professional activity and is limited to strictly personal use, and secondly, that they have full legal capacity to enter into this agreement under these General Terms and Conditions of Sale. The customer declares having read all of these General Terms and Conditions of Sale and accepts them without restriction or reservation.
Maison Bambusa reserves the right to modify these terms and conditions of sale at any time, in order to comply with any new regulations or to improve the use of its website. Therefore, the applicable terms and conditions will be those in effect on the date the order is placed by the buyer.
Article 2: Products and Services
The products offered are those listed on the Maison Bambusa website, maisonbambusa.com, subject to availability. If a product is unavailable, the Seller will inform the Customer. Maison Bambusa reserves the right to modify its product range at any time. Each product is presented on the website with a description outlining its main technical characteristics (Title, Description, Price, etc.). This contractual information is presented in detail and in French. The parties agree that the photographs, illustrations, or photos of the products offered for sale are as accurate as possible but are not binding on the Seller and have no contractual value. The sale of products presented on the maisonbambusa.com website is intended for all buyers residing in countries that fully authorize the import of these products into their territory. In accordance with legal provisions regarding conformity and latent defects, the seller will refund or exchange defective products or products that do not match the order. Refund requests can be made by email to admin@maisonbambusa.com. The refund procedure will then be initiated; see Article 5: Refunds.
Article 3: Prices
The prices listed on the product pages of the online catalog are in Canadian dollars ($), excluding all taxes (excluding VAT), and are based on the applicable GST/HST rate on the day of the order. Any change in the GST/HST rate may be reflected in the product prices. Maison Bambusa reserves the right to modify its prices at any time; however, the price listed in the catalog on the day of the order will be the only price applicable to the buyer. The prices indicated do not include delivery charges, which vary depending on the country of delivery and shipping. These charges are billed in addition to the price of the products purchased, based on the total order amount. Customs duties, local taxes, import duties, or state taxes may be applicable in certain cases. These duties and amounts are not the responsibility of the Seller. They are the responsibility of the Buyer (declarations, payment to the relevant authorities, etc.). The Seller therefore advises the Buyer to inquire about these matters with the appropriate local authorities. Telecommunication costs necessary to access the Company’s websites are the responsibility of the Customer.
Article 4. Ordering and Payment Terms
Before placing any order, the Buyer must create an account on the Maisonbambusa.com website. The account creation section is accessible directly from the menu bar. On each visit, if the Buyer wishes to place an order or view their account (order status, profile, etc.), they must log in using their credentials. Maison Bambusa offers the Buyer the option to order and pay for their products via PayPal:
Secure payment via PayPal or credit card (through the PayPal system): The buyer selects the products they wish to order, adds them to their “shopping cart,” and modifies them if necessary. The next step is to verify all the information, read and accept these terms and conditions, and then confirm their order and the terms and conditions by clicking the “Proceed to Payment” button. After several steps, the buyer is redirected to the secure PayPal interface to safely enter their PayPal account details. An explanation of how PayPal works is included in the appendix. If the payment is accepted, the order is registered and the contract is definitively formed. Payment via PayPal is irrevocable. In the event of fraudulent use of the PayPal account, the buyer may request cancellation of the card payment; the sums paid will then be credited back or refunded. The cardholder is not liable if the disputed payment is proven to have been made fraudulently, remotely, without physical use of their card. To obtain a refund for the fraudulent debit and any bank charges incurred, the cardholder must dispute the charge in writing with their bank within 70 days of the transaction, or 120 days if their contract with the bank allows for this. The bank will refund the debited amounts within a maximum of one month after receiving the cardholder’s written dispute. The cardholder will not be charged any fees for the refund.
Confirming an order implies acceptance of these terms and conditions of sale, acknowledgment of having read and understood them fully, and waiver of any conflicting terms and conditions of purchase. All data provided and the recorded confirmation will serve as proof of the transaction. If the buyer has an email address and has provided it on the order form, Maison Bambusa will send an email confirming the order registration.
If the buyer wishes to contact Maison Bambusa, they can do so either by mail at the following address: Maison Bambusa, 3300 ch. d’Auteuil, Saint-Damien, Quebec J0K-2E0, Canada; or by email at the following address: admin@maisonbambusa.com
Article 5: Refunds
Defective Items: If you receive a defective item, please contact us at admin@maisonbambusa.com and provide details of the product and its defect, along with a photo. We will inform you by email, within a reasonable timeframe, whether the defect entitles you to a refund or a replacement. If so, we will replace the product or refund its purchase price, according to the agreed payment method.
Returns: We accept returns. You can return unopened items in their original packaging within 30 days of purchase, provided you present your receipt or proof of purchase. If 30 days or more have passed since your purchase date, we cannot offer a refund or exchange. Returns should be sent to the following address: Maison Bambusa, 3300 ch. d’Auteuil, Saint-Damien, Quebec, J0K 2E0, Canada.
Once we receive the returned product, we will carefully examine it and notify you by email within a reasonable timeframe whether you are eligible for a refund. If you are eligible, we will refund the purchase price to your original payment method. Refunds do not cover shipping or return costs. Therefore, the refunded amount will not include the cost of delivery or return shipping. You are responsible for any loss or damage to the equipment that occurs during shipping. We cannot guarantee that we will receive your returned item.
Article 6.
Right of Withdrawal The buyer has 30 working days from the delivery of their order to exercise their right of withdrawal and return the product to the seller for exchange or refund without penalty, except for return shipping costs.
Article 7. Delivery
Information :
Orders are subject to stock availability. If an item is out of stock at the time you order it, we will notify you and refund the full amount of your order, using the original method of payment.
Delivery locations:
Deliveries are made to the address indicated on the order form, which can only be in the agreed geographical area. Orders are made by La Poste, delivery service with or without tracking, delivery without signature.
Delivery time :
Delivery times are given as a guide only. An approximate delivery time will be provided to you when you place your order. Delivery times are estimates only and are calculated from the date of dispatch and not the date of the order. They should be used as a guide only and are subject to acceptance and approval of your order. We will make every effort to ensure that your product is delivered as soon as possible, normally within 10 business days from the date your order is dispatched, depending on the country of dispatch (either from the United States – fast delivery or from China – long delivery). Business days mean Monday to Friday, excluding public holidays. The delivery date may vary depending on the company’s shipping practices, the location of dispatch and delivery, the method of delivery and the items ordered. If the delivery exceeds 1 month from the date of dispatch, the sales contract may be terminated and the buyer reimbursed. After 2 months, the order will be considered delivered and classified, and will therefore no longer be our responsibility. Maison Bambusa may provide the buyer with the tracking number of their package by email, if it exists. The buyer is delivered to their home by their postman. In the event of the buyer’s absence, they will receive a notice of passage from their postman, which allows them to collect the products ordered from the nearest post office, during a period indicated by the postal services. The risks associated with transport are the responsibility of the purchaser from the moment the items leave the sender’s premises. The buyer is required to check in the presence of the post office employee or delivery person, the condition of the packaging of the goods and its contents upon delivery. In case of damage during transport, any protest must be made to the carrier within three days of delivery. The buyer must take into account the concrete delivery date to his home, with our services.
The company Maison Bambusa will not be responsible for delivery times because it has no stock, due to the fact that it is a Dropshipping service. It is the suppliers who set the shipping date and delivery time. The suppliers are located in the United States, China and around the world, so delivery times can vary greatly depending on the place of shipment.
Shipping costs:
Shipping costs or postage are included in the price of the products. The buyer will not have any additional costs compared to the price displayed on the products in the cart.
Article 8. Warranty
All products supplied by Maison Bambusa benefit from the following legal guarantees of the Civil Code. In the event of non-conformity of a product sold, it may be returned to Maison Bambusa, which will take it back, exchange it or refund it. All complaints, requests for exchange or refund must be made by post to the following address: Maison Bambusa, 3300 ch. d’Auteuil, Saint-Damien, Quebec, Canada, within thirty days of delivery. See Article 5 Refund, for more details.
Article 9. Liability
The company Maison Bambusa in the process of distance selling, in Dropshopping is only bound by an obligation of means. Its liability cannot be incurred for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, service interruption, or other involuntary problems.
Article 10. Intellectual Property
All elements of the site maisonbambusa.com are and remain the intellectual and exclusive property of the company Maison Bambusa. No one is authorized to reproduce, exploit, or use in any capacity whatsoever, even partially, elements of the site whether in the form of photos, logos, visuals or text.
Article 11. Personal data
Maison Bambusa undertakes to preserve the confidentiality of the information provided by the buyer, which he would be required to transmit for the use of certain services. Any information concerning him is subject to the provisions of the law. As such, the Internet user has a right to access, modify and delete information concerning him. He can make a request at any time by mail to the following address: Maison Bambusa, 3300 ch. d’Auteuil, Saint-Damien, Quebec J0K-2E0, Canada
Article 12. Dispute Resolution
These conditions of distance selling are subject to Canadian law. For all disputes or litigation, the competent Court will be that of the province of Quebec.