These Terms and Conditions of Sale (“Agreement”) sets forth the terms and conditions that apply to the purchase of products and/or services (“Products”) from RAFFINALLA (“Raffinalla”) through its website located at www.Raffinalla.com and its subdomains (collectively, the “Site(s)”). By setting up your account and/or using the Site to make on-line purchases of Products you agree to be bound by and accept all of the terms and conditions set forth in this Agreement. You also represent that you are of legal age to enter into this Agreement and become bound by its terms.If you do not accept this Agreement or are not of legal age, do not continue with setting up your account or purchasing Products and leave this Site immediately.
When we use the words we or our, we mean Raffinalla.
This Agreement was last updated on January 25, 2013. We may change the terms of this Agreement at any time. If any modification is unacceptable to you, you shall cease using the Sites. Please review the Agreement each time you visit or use the Sites. By using any Site, it means you accept the most recent version of the Agreement.
This Agreement does not alter in any way the terms or conditions of any other agreement you may have with Raffinalla or its affiliates for other products or services.
For the purposes of the Agreement, “Content” means collectively and without limitation any text, images, graphics, software (including source code, object code and related documentation), applications, specifications, audio files, videos, articles, trademarks, trade names, logos and other information or content available through the Sites.
Except as expressly provided for in this Agreement, Raffinalla does not make or give any representation or warranty with respect to the Products you may purchase from the Sites.
By entering into this Agreement, you:
The Sites may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 16 years of age or older, and who are not barred from using the Sites under applicable laws.
The Sites are provided solely as a convenience to you for non-commercial use. You may access and use the Sites only in accordance with all applicable laws and regulations and with the Agreement. You acknowledge and agree that Raffinalla, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future, access to or use of the Sites. You further agree that you will not: (a) resell for commercial purposes products purchased through use of the Sites; (b) resell or make commercial use of the Sites or Content therein; (c) modify, distribute, sell, transmit, display, reproduce, publish, license, create derivative works of or transfer any Content; (d) collect or use any product listings or descriptions; (e) use any data mining, robots, or similar data gathering and extraction methods from the Sites; (f) other than for personal use as expressly permitted herein, access or attempt to access any systems or servers on which the Sites are hosted or modify or alter the Sites in any manner; (g) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via the Sites; (h) use, frame or utilize framing techniques to enclose any Raffinalla trademark, logo or other proprietary information (including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page) without Raffinalla’s express prior written consent; or (i) use any meta tags or any other "hidden text" using a Raffinalla name, trademark, or product name without Raffinalla’s express prior written consent.
Any unauthorized use of the Sites will terminate the permission or license granted herein, may result in you being barred from use of the Sites, and may violate applicable law including copyright laws, trademark laws (including trade dress), unfair competition and communications regulations and statutes.
The Content and the Sites, as well as the selection and arrangement thereof, are: (a) the sole property of Raffinalla and/or its licensors; (b) may protected by patent, copyright, trademark and/or other intellectual property rights; (c) may not be used except in accordance with the terms of this Agreement or with Raffinalla’s express written consent; and (d) protected in Canada and in other jurisdictions by the Copyright Act and by virtue of the applicable international treaties. Consequently, the material on this website may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, including but not limited to text, audio or video, without the prior written consent of
Other than as necessary for your use of the Sites in accordance with the terms of this Agreement, Raffinalla grants no privileges or rights in the Content to you, and you must keep intact all patent, copyright, trademark and other proprietary notices on the Content. Any Content owned by Raffinalla’s licensors may be subject to additional restrictions. Except as expressly provided herein, no part of the Sites and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Raffinalla’s express prior written consent. Raffinalla does not represent or warrant that any Content or Site does not infringe the rights of any other person or entity.
All trademarks, logos, service marks, trade names and trade dress, whether registered or unregistered (collectively the "Marks") that appear on the Sites are proprietary to Raffinalla or such Marks' respective owners and may not be used without the written permission of the owner of such Marks. You may not display or reproduce the Marks other than with the prior written consent of Raffinalla, and you may not remove or otherwise modify any trademark notices from any Content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws. Nothing herein is to be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act. The trademarks “Raffinalla” and “Raffinati” are exclusively owned by or used under license by Raffinalla.
In addition, all page headers, custom graphics, button icons, and scripts contained in the Sites are trademarks, service marks, trade names, works protected copyright, and/or trade dress of Raffinalla or their respective owners, and may not be copied, reproduced, imitated, or used, in whole or in part, without Raffinalla’s express prior written consent.
You are expressly prohibited from using any Meta tags or any other “hidden text” utilizing Raffinalla’s name or trademarks without the express written consent of Raffinalla. Any unauthorized use of this site and/or its contents terminates the permission or license granted by Raffinalla.
In order to purchase products or services through the use of the Sites, you must establish an account with Raffinalla. The Sites are directed for use by adults. If you are between the age of 16 and 18, you should only purchase products or services from the Sites with your parent or guardian’s supervision. If you use the Sites, you are responsible for maintaining the confidentiality and security of your account and password and for restricting access to your computer or other electronic device, and you agree to accept responsibility for all activities that occur under your account and/or password. You are also solely responsible for keeping your email address listed on your current account. For the purpose of ambiguity, you are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Sites that occur under your account or your account password.
When placing an order for Products using the Sites, you will be shown an order confirmation screen that provides a summary of your order (“Confirmation”). When you submit your order, your order will constitute an offer from you to Raffinalla to purchase the Products described in the Confirmation, for the price and subject to the other charges, terms and conditions set out in the Confirmation. Raffinalla may, at its sole discretion, accept your order as evidenced by a return email from Raffinalla indicating that your order has been accepted. Orders are not binding on Raffinalla until accepted by Raffinalla.
All prices quoted in Canada are in Canadian Dollars, payable in Canadian Dollars. All prices quoted in the US are in US Dollars, payable in US Dollars. While Raffinalla strives to provide accurate Product and pricing information, errors may occur and we do apologize for such occurrences. Raffinalla reserves the right to correct any errors in pricing or Product information and to modify the prices of Products, at any time, without prior notice. Raffinalla shall confirm the price of a Product after you submit an order for the Product. In the event that the price or related information for a Product described on our Site or Confirmation is incorrect due to an error in pricing or Product information, Raffinalla may, at its sole discretion, refuse or cancel your order, whether before or after Raffinalla’s acceptance thereof. If there is such an error in pricing, Raffinalla will cancel your order and reverse any charges that have been applied, then contact you to ask you to place a new order for the Product at the correct price.
You agree that you will pay for all Products that you (or any user of your account) purchase and Raffinalla may charge your payment method for any Product purchases plus applicable taxes. Payment shall be made by credit card, unless otherwise agreed to by Raffinalla. Your total price will include the price of the Product plus any applicable sales tax; such sales tax is based on the bill-to address and the sales tax rate in effect at the time you order the Product.
All sales of products and services are final.
Prices for Products offered via the Sites may change at any time, and there is no price protection or refunds in the event of a price reduction or promotional offering. If a Product becomes unavailable following a transaction, your sole remedy is a refund. If technical problems prevent or cause an unreasonably delay in the delivery of your Product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by Raffinalla.
You also agree that delinquent accounts will be subject to a late payment charge of 2% per month, calculated and compounded monthly (26.82% per year). You agree that we may charge any unpaid or outstanding amounts to your credit card, bank account or other payment method provided. Any question about an invoice must be reported within 30 days from the date of the invoice.
Products advertised on the Sites are invitations to purchase and not offers to sell. Raffinalla reserves the right, in its sole discretion, to accept or reject an order, limit quantities, terminate accounts and to refuse or cancel any order, including after the order has been submitted, whether or not the order has been confirmed and charged to your credit card. In the event that your order is cancelled after your payment has been processed, Raffinalla will issue a full refund.
Products are available for sale to Canada and the USA.
The availability of certain Products may be limited.
Raffinalla will ship the Product(s) ordered by you to the address indicated in the Order Confirmation. Delivery times provided by Raffinalla are estimates only. Raffinalla shall not be responsible for any damages or costs resulting from any delays in delivery. Unless otherwise stated, all prices quoted do not include shipping and handling charges and, when applicable, federal and provincial sales taxes. Separate charges for shipping and handling and taxes will be shown on the Order Confirmation for each Order, as applicable. You are responsible for all sales, use, goods and services, harmonized sales, and other taxes and duties associated with the Order.
Raffinalla uses independent third party delivery companies to ship your Products. You shall become the owner of the Product ordered and assume the risks of loss at the time of delivery from Raffinalla to the delivery company. Please note that the products you purchased may be shipped to you separately. If your products are shipped separately, the purchase price for your items, which includes the shipping fees, will be charged to your credit card in one or more charges, as products are shipped.
Returns or exchanges of final sale merchandise will not be accepted. Raffinalla is not responsible for lost or stolen credit notes, gift certificates or gift cards. Gift cards are not refundable. Shipping and handling costs are not refundable, unless the return was necessary due to shipment of an incorrect item or size (not due to Raffinalla’s error) or damaged or defective merchandise.
The following return and exchange policy is only applicable for online purchases (i.e. purchases from the Sites). If you are not completely satisfied with an item, you may return it to us for an exchange or a refund. All Product returns are subject to Raffinalla’s Return & Exchange Policy. Some restrictions may apply.
We will exchange any unworn or defective merchandise within 15 days. The first day corresponds to the date of arrival of the Product. Please return all Product in the original packaging/box with the original tags and tickets attached. The return shipping will be at your own cost (excepted for defective merchandise). All items bought through the Site cannot be exchanged at a Raffinalla store. To ensure appropriate exchange, please return by mail and include a copy of your invoice with a note explaining the reason of the exchange.
We will refund any unworn or defective merchandise within 10 days. The first day corresponds to the date of arrival of the Product. The refund will be based on the original method of payment. Please return all Product in the original packaging/box with the original tags and tickets attached. Shipping charges and sales tax on shipping are not refundable (excepted for the defective merchandise) and Raffinalla reserves the right to charge an additional handling fee. Only items bought through the Site can be refunded. To ensure appropriate credit, please return by mail and include a copy of your invoice with a note explaining the reason for return.
Always pack the unused/unworn Product securely in the original box. We recommend that you use an insured and traceable shipping method for your return package and that you keep the return tracking number for your records. We will not be responsible for damaged, misdirected or lost returns. We do not accept C.O.D.
All packages from Canada must be returned to the following address:
Attention: Customer Service
9200, Meilleur, suite 400
Montréal (Québec) H2N 2Ag
All packages from the USA must be returned to the following address:
c/o Norman G. Jensen
102 West Service Road
Champlain, NY 12919
You hereby consent to the exchange of information and documents between you and Raffinalla over the Internet or by email and that this Agreement (together with any applicable order confirmation provided by Raffinalla) in electronic form shall be the equivalent of an original written paper agreement between us.
Your use of the Sites includes the ability to enter into agreements and make transactions electronically. In addition, when you send emails to us, you are communicating with us electronically. You consent to receive electronic communications from Raffinalla either in the form of email sent to you at the email address listed on your account or by communications posted on the Sites. You acknowledge and agree that all agreements, notices, disclosures and other electronic communication that we provide to you electronically satisfy any legal requirement that such communication be in writing.
Any Content on the Sites is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, Raffinalla reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through the Sites, at any time and from time to time.
You agree to defend, indemnify and hold harmless Raffinalla, its affiliates and their respective directors, officers, employees and agents against any losses, liabilities, claims, expenses (including attorney's fees) arising out of your account, your use of the Site, and interactions or dealings with Raffinalla.
THE SITES AND ANY CONTENT PROVIDED VIA THE SITES, INCLUDING LINKS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RAFFINALLA DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES, THE CONTENT AND ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, RAFFINALLA DOES NOT REPRESENT OR WARRANT THAT THE SITES, CONTENT OR ANY PRODUCTS, SERVICES OR ANY OTHER INFORMATION ACCESSIBLE VIA THE SITES IS ACCURATE, SECURE, COMPLETE OR CURRENT. AS A CONDITION OF YOUR USE OF THE SITES, YOU WARRANT TO RAFFINALLA THAT YOU WILL NOT USE THE SITES FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT.
IN ADDITION, THE SITES MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. RAFFINALLA RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING, WITHOUT LIMITATION, AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. SUCH ERRORS, INACCURACIES OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, RAFFINALLA RESERVES THE RIGHT TO CANCEL OR REFUSE TO ACCEPT ANY ORDER PLACED BASED ON INCORRECT PRICING OR AVAILABILITY INFORMATION. WE APOLOGIZE IN ADVANCE FOR ANY INCONVENIENCE.
This Section shall survive the termination or expiry of this Agreement.
RAFFINALLA AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Notwithstanding the above, in no case will Raffinalla’s total liability arising under any cause whatsoever (including without limitation breach of contract, negligence, gross negligence or otherwise) be for more than the amount paid by you for the specific products ordered under this Agreement and to which the claim relates. In no event will Raffinalla be liable to you for damages or losses resulting from viruses, data corruption, failed messages, damages arising as a result of: transmission errors or problems, telecommunications service providers, Raffinalla’s contractors, the Internet backbone, third-party suppliers of products or services, damages or losses caused by you, or your respective employees, agents, mandatories or subcontractors, or other events beyond the reasonable control of Raffinalla.
Certain federal, state or provincial laws, as applicable, may not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
16. Intellectual Property Right Infringement
Raffinalla may, in appropriate circumstances and at our discretion, terminate service and/or access to the Sites for users who infringe the intellectual property rights of Raffinalla or of others. If you believe that your work is the subject of copyright infringement, trademark infringement or other intellectual property right infringement and appears on our Sites, please provide Raffinalla with all relevant information the following address: service@Raffinalla.com
Any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
The Agreement is governed by the laws of the province of Quebec and the laws of Canada applicable therein (without regard to conflicts of law principles) and all disputes arising out of or relating to this Agreement are irrevocably submitted to Quebec courts, judicial district of Montreal, without giving effect to the conflict of law provisions of Quebec or your actual state, province or country of residence. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Products sold or delivered under this Agreement shall be subject to the export control laws and regulations of Canada. You agree to comply at all times with all such laws and regulations. You will defend and hold Raffinalla harmless against all claims, damages or liability resulting from breach of the foregoing.
The failure of Raffinalla to enforce any provision of this Agreement or to respond to a breach by you or any third party of this Agreement shall not in any way waive the rights of Raffinalla to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.
All rights not expressly granted in these terms are reserved to Raffinalla. Nothing contained in these terms shall be construed as conferring by implication, estoppels or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of Raffinalla or any other person or entity.
You may not assign your rights or obligations under this Agreement without the express written consent of Raffinalla. This Agreement shall inure to the benefit of and are binding upon each of the parties hereto and their respective successors and permitted assigns.
You and Raffinalla agree that these terms and conditions and all related documents be drawn up in the English language. Les parties confirment leur volonté que cette convention, de même tous les documents qui s’y rattachent, soient rédigés en langue Anglais.