1. Introduction

Our aim is to keep this Accord as readable as possible, but in some cases, for legal reasons, some of the terminology is necessarily technical.

2. Your acceptance of this agreement

These Terms and Conditions are entered into by and between you and Breathe&Bath. ™ (“Company”, “we”, “us” or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively “Terms and Conditions”), govern your access to and use of breatheandbath.com, including all content, functionality and services offered on or through breatheandbath.ca (the “Website”), whether as a guest or as a registered user .

Please read the Terms and Conditions carefully before using the Website.

By using the Website [or by clicking to accept or agree to the Terms of Use when this option is made available to you], you accept and agree to be bound by and comply with these Terms of Use and our Politique de confidentialité, incorporated herein by reference. If you do not wish to accept these terms of use, you must not access or use the website.

You must be at least 13 years old to use this website. However, children of any age may use the website if authorized by a parent or legal guardian. If you are under 18, you represent that you have your parent’s or guardian’s permission to use the website. Please ask them to read these terms and conditions with you.

If you are the parent or legal guardian of a user under the age of 18, by authorizing your child to use the Website, you are subject to the terms of these Terms and Conditions and responsible for your child’s activity on the Website.

BY ACCESSING AND USING THIS WEBSITE, YOU :

AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS AND CONDITIONS OF SALE;
YOU REPRESENT AND WARRANT THAT YOU ARE OF THE LEGAL AGE OF MAJORITY UNDER APPLICABLE LAW TO FORM A BINDING CONTRACT WITH US; AND,
YOU AGREE THAT IF YOU ACCESS THE WEBSITE FROM A JURISDICTION WHERE IT IS NOT AUTHORIZED, YOU DO SO AT YOUR OWN RISK.

3. Updates to general terms and conditions

We may revise and update these Terms and Conditions from time to time at our sole discretion. All changes will be effective immediately upon posting and will apply to all access and use of the website thereafter.

Your continued use of the website or subsequent purchases after the posting of the revised terms and conditions will mean that you accept and agree to the changes. You are expected to check this page each time you access this website to ensure that you are aware of any changes, as it is binding on you.

4. Your responsibilities

You are responsible for ensuring that all persons accessing the Website are aware of and comply with this Agreement. The Web Site, including the Content or areas of the Web Site, may require user registration. The Web site, including the content or areas of the Web site, may require user registration. It is a condition of your use of the website that all information you provide on the website is correct, current and complete.

Any username, password or other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential and you must not disclose it to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to log out of your account at the end of each session. You are responsible for any misuse of your password or unauthorized access.

YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND FOR THE SECURITY OF YOUR COMPUTER, THE INTERNET AND YOUR DATA.

5. Prohibited activities

You may only use the website for lawful purposes and in accordance with these terms and conditions. You agree not to use the website:

• In a manner that violates any applicable federal, state, local or international law or regulation (including, without limitation, any law regarding exports of data software to and from the United States or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, requesting personally identifiable information or otherwise.
• Send, knowingly receive, download, use or reuse any material that does not comply with the submission standards set forth in these terms and conditions.
• To transmit, or cause to be sent, any advertising or promotional material, including “junk mail”, “chain letters”, “spam” or similar solicitations.
• Impersonate or attempt to impersonate the Company, an employee of the Company, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
• Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or that we believe may harm the Company or users of the Website, or expose them to liability.

You also agree not to :

• Use the Website in any manner that could disable, overburden, damage or impair the Website or interfere with any other party’s use and enjoyment of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider or other automatic device, process or means to access the Website for any purpose whatsoever, including to monitor or copy any material on the Website.
• Use any manual process to monitor or copy any element of the website, or for any other purpose not expressly permitted in these terms and conditions, without our prior written consent.
• Use any device, software or routine that interferes with the proper functioning of the website.
• Introduce any virus, Trojan horse, worm, logic bomb or other malicious or technologically harmful material.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any portion of the website, the server on which the website is stored, or any server, computer or database connected to the website.
• Attack the website via a denial-of-service attack or a distributed denial-of-service attack.
• Attempt otherwise to interfere with the proper functioning of the website.

6. Intellectual property rights

The Website and all of its content, features and functionality (including, but not limited to, all information, software, text, displays, images, video and sound, and the design, selection and arrangement thereof) are the property of the Company, its licensors or other providers of such material and are protected by U.S. and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These terms and conditions permit you to use the website for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, upload, store or transmit any material on our website, except as follows:

• Your computer may temporarily store copies of this material in RAM, which is incidental to your accessing and viewing this material.
• You can store files that are automatically cached by your web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages from the website for your personal, non-commercial use and not for further reproduction, publication or distribution.

You must not :

• Modify copies of any material from this site.
• Remove or alter any copyright, trademark or other proprietary rights notices on copies of material from this site.

You must not access or use for commercial purposes any part of the website or any services or materials available through the website.

If you print off, copy, modify, download or otherwise use or give any other person access to any part of the website in breach of the terms and conditions, your right to use the website will cease immediately and you must, at our discretion, return or destroy any copies of the materials you have made. No right, title or interest in the Web site or its contents is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Web Site not expressly permitted by these Terms and Conditions is a violation of these Terms and Conditions and may violate copyright, trademark and other laws.

7. Our rights

We have the right, without notice, to :

• Take appropriate legal action, including but not limited to referring to or cooperating with law enforcement or regulatory authorities, or notifying the aggrieved party of any illegal or unauthorized use of the Website; and
• Terminate or suspend your access to all or any part of the Website for any reason or no reason, including, but not limited to, any breach of these Terms and Conditions.

YOU WAIVE AND RELEASE THE COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE AFOREMENTIONED PARTIES REGARDING ANY INVESTIGATION BY THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

8. Links and third-party content

For your convenience, this website may provide links or pointers to third-party websites or third-party content. We make no representations whatsoever about any other Web site or third-party content which may be accessed from this Web site. If you choose to access such sites, you do so at your own risk. We have no control over such third-party content or sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. You are subject to all terms and conditions of such third-party sites.

9. Online ordering

• All orders, purchases or transactions for the sale of goods, digital products or information made through this website are subject to the following additional terms and conditions of sale:

• • You may not order or obtain goods, digital products or information from this website if: (i) you are prohibited by applicable law from accessing or using this website or any of its content, goods, digital products or information or (ii) you are located outside the geographic region where the goods, digital products or information are available for purchase;
  • You agree that your order constitutes an offer to purchase, under these terms and conditions, all goods, digital products or information listed in your order. All orders must be accepted by us or we will be under no obligation to sell you such goods, digital products or information. We may choose not to accept orders at our sole discretion, even after we have sent you a confirmation e-mail with your order number and details of the items you have ordered; and
  • All prices, discounts and promotions displayed on this website are subject to change without notice. The price and currency charged for any merchandise, digital products or information will be the price and currency advertised on this website at the time the order is placed, subject to the terms of any promotions or discounts that may apply. The price and currency charged will be clearly indicated in the shopping cart before you confirm your purchase. Price increases will only apply to orders placed after the time of the increase. Prices shown do not include taxes or shipping and handling charges. These taxes and charges will be added to your total price and will be detailed in your shopping cart and in your order confirmation e-mail. We strive to display accurate pricing information; however, we may occasionally make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions at any time and to cancel any orders resulting from such events.

• Shipping and delivery.

• • Our shipping policy can be viewed here : http://breatheandbath.com/shipping-policy/

10. Returns and refunds

Our return and refund policy can be found here : http://breatheandbath.com/returns-exchanges/

11. Disclaimer, liability and indemnification

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY GOODS, DIGITAL PRODUCTS, SERVICES, INFORMATION OR ITEMS FOUND OR OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY GOODS, SERVICES, DIGITAL PRODUCTS, INFORMATION OR ITEMS FOUND OR OBTAINED THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY OR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS OR SUCCESSORS MAKE NO WARRANTY, REPRESENTATION OR ENDORSEMENT REGARDING THE COMPLETENESS, SAFETY, RELIABILITY, SUITABILITY, ACCURACY, TIMELINESS, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENT OR THAT ANY GOODS, SERVICES, DIGITAL PRODUCTS, INFORMATION OR MATERIALS FOUND OR OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE OR THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE CODE.

How we limit our liability to you

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, IN NO EVENT WILL THE COMPANY OR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS OR SUCCESSORS BE LIABLE UNDER THESE TERMS AND CONDITIONS TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF USE, DATA, REVENUE OR PROFITS, COST OF CAPITAL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), ANY OTHER THEORY OF LIABILITY OR OTHERWISE, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Compensation

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors and assigns, from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these terms and conditions or your use of the website, including, but not limited to, third party sites and content, any use of the website content and services other than as expressly authorized in these terms and conditions or any use of goods, digital products and information purchased from this website.

12. Privacy policy

Your provision of personal information via the website is governed by our privacy policy located at https://breatheandbath.com/privacy-policy  (the « Politique de confidentialité »).

13. Governing law

The Web Site and these Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Quebec and any federal laws applicable therein, without giving effect to any choice or conflict of law provision, principle or rule and notwithstanding your domicile, residence or physical location. Any action or proceeding arising out of or relating to this Web site or these Terms and Conditions shall be brought in the courts of the Province of Quebec, and each party irrevocably submits to the exclusive jurisdiction of such courts in connection with any such action or proceeding. You waive any objection to the exercise of jurisdiction over you by such courts and to the jurisdiction of such courts.

If you are a citizen of a country of the European Union, the United Kingdom, Switzerland, Norway or Iceland, the applicable law and forum will be the laws and courts of your habitual place of residence.

The parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not govern these terms and conditions or the rights and obligations of the parties under these terms and conditions.

14. Severability

If any provision of these terms and conditions is unlawful or unenforceable under applicable law, the remainder of the provision will be modified to achieve as nearly as possible the effect of the original provision and all other provisions of these terms and conditions will remain in full force and effect.

15. General terms and conditions of service

These General Terms and Conditions constitute the sole and exclusive General Terms and Conditions between the parties with respect to their subject matter and supersede and extinguish all prior or contemporaneous General Terms and Conditions, undertakings, arrangements, agreements or representations of any kind made by the parties or any of them, whether oral or written (and, if written, whether or not in draft form) with respect to such subject matter. Each of the parties acknowledges that it does not rely on any statements, warranties or representations given or made by any of them with respect to the subject matter of these Terms and Conditions, except as expressly set forth in these Terms and Conditions, and that it shall have no rights or remedies with respect to such subject matter other than under these Terms and Conditions, except to the extent arising from the fraud or fraudulent misrepresentation of another party. No modification of these Terms and Conditions shall be effective unless in writing and signed by or on behalf of the Company.

16. Disclaimer

No failure or delay by either party in exercising any right or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude any subsequent exercise thereof or of any other right hereunder.

17. Notice

We may provide you with any notice under these Terms and Conditions by: (i) sending a message to the e-mail address you have provided to us and which you consent to us using; or (ii) posting on the Website. Notices sent by e-mail will be effective at the time we send the e-mail and notices we provide by posting will be effective at the time of posting. It is your responsibility to keep your e-mail address up to date.

18. Contactez-nous

If you become aware of any misuse of the website, including slanderous or defamatory behavior, you must report it to the company. All reports of misuse and other feedback, comments, requests for technical support and other communications relating to the website should be addressed to contact@breatheandbath.com.