TERMS AND CONDITIONS OF SALE
ARTICLE 1 - Scope of application
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales made by VieDeDingue INC ("the Vendor") to non-professional ("the Customer") or professional purchasers wishing to purchase the products offered for sale by the Vendor ("the Products") on the website www.clarkup.com. In particular, they specify the terms of order, payment and delivery for Products ordered by Customers.
The Products offered for sale on the www.clarkup.com website are as follows
- Lifetime access to ClarkUp for unlimited use over the long term
- 3-year access giving ClarkUp the right to use the product for this period
- Annual subscription giving access to the ClarkUp tool
- Monthly subscription giving access to the ClarkUp tool
The main characteristics of the Products, and in particular the specifications, illustrations and indications of the Products, are presented on the website www.clarkup.com
The Customer is obliged to read them before placing an order. The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the www.clarkup.com website are not contractual and do not engage the responsibility of the Seller.
The Vendor cannot be held responsible for the results obtained by the Customer at the end of the subscription: the Vendor is not bound by an obligation of result, and the result obtained is specific to each person and intimately linked to the Customer.
It is the Customer's responsibility to refer to the description of each Product in order to know its essential properties and particularities.
Product offers are subject to availability, as specified when the order is placed.
The Seller's contact details are as follows:
Compagnie VieDeDingue Inc, domiciled at 4388 Rue Saint-Denis Suite 200 #103, Montreal, QC H2J 2L1 (Québec) Canada, incorporated under the Business Corporations Act and registered under the Québec Enterprise Number (NEQ) 1173688566.
These General Terms and Conditions of Sale apply to the exclusion of all other terms and conditions, in particular those applicable to in-store sales or sales via other distribution and marketing channels.
These General Terms and Conditions of Sale are accessible at all times on the www.clarkup.com website and shall prevail, where applicable, over any other version or any other contradictory document.
The Customer declares that he/she has read these General Terms and Conditions of Sale and has accepted them by ticking the appropriate box before proceeding with the online ordering procedure, as well as the general terms and conditions of use of the website. www.clarkup.com.
As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the website on the date the order is placed. In the absence of proof to the contrary, the data recorded in the Vendor's computer system constitutes proof of all transactions concluded with the Customer. In accordance with the Quebec law on the protection of personal information in the private sector of 1993, the Customer has, at any time, the right to access, rectify and oppose all personal data by writing, by mail and with proof of identity, to 4388 Rue Saint-Denis Suite 200 #103, Montreal, QC H2J 2L1 (Quebec) Canada. Validation of the order by the Customer implies unreserved acceptance of these General Terms and Conditions of Sale. The Customer acknowledges having the capacity required to contract and purchase the Products offered on the www.clarkup.com website. The Customer acknowledges having been informed that the training courses sold and the codes delivered are personal and can only give access to the programs to one person. The customer hereby refrains from distributing the programs to third parties. The customer expressly acknowledges and accepts that failure to comply with this obligation may result in prosecution.
ARTICLE 2- Orders
2-1 How to order
It is the Customer's responsibility to select the Products they wish to order on the www.clarkup.com website.
Customers wishing to purchase an annual subscription may do so by clicking on the appropriate button. Subscriptions must be paid in cash via Stripe. Upon payment, the customer is informed of the delivery time of the product.
As soon as full payment or the first monthly instalment has been validated, the customer is redirected to a page informing him that his login details for the service have been sent to his e-mail address.
The login details enable the customer to connect to the site via the clarkup.com platform. The training courses included in the subscription are accessible 24 hours a day for the duration of the subscription.
2-2 Order cancellation Once an order has been validated, it cannot be cancelled by the customer and reimbursed.
ARTICLE 3 - Rates
The Products are supplied at the current prices shown on the www.clarkup.com website, at the time the order is registered by the Vendor. Prices are expressed in Euros. Prices take into account any discounts granted by the Seller on the www.clarkup.com website. These prices are firm and non-revisable during their period of validity, as indicated on the www.clarkup.com website, the Vendor reserving the right, outside this period of validity, to modify prices at any time. They do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the www.clarkup.com website and calculated before the order is placed. The payment requested from the Customer corresponds to the total amount of the purchase, including these charges. An invoice is issued by the Vendor and given to the Customer upon delivery of the Products ordered.
ARTICLE 4 - Terms of payment
The price is payable in full on the day the order is placed by the Customer, or in several monthly instalments (depending on the Product), by secure payment, in accordance with the following terms and conditions:
- By internet "Stripe";
ARTICLE 5 - Deliveries
Subscriptions ordered by the customer are delivered electronically as soon as payment has been confirmed.
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases or when one or more Products are unavailable, all Products ordered will be delivered at once.
In any event, if the Products ordered have not been delivered within 30 days of the indicative delivery date, for any reason other than force majeure or the fault of the Customer, the sale may be cancelled at the written request of the Customer under the conditions provided for in article 54.9 of the Quebec Consumer Protection Act.
The sums paid by the Customer will then be returned to him at the latest within fourteen (14) days following the date of termination of the contract, to the exclusion of any compensation or deduction. In the event of a special request by the Customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Vendor, the related costs will be subject to specific additional invoicing, on the basis of an estimate previously accepted in writing by the Customer. The Customer must check the condition of the products delivered. He/she has a period of 3 days from delivery to express any reservations or claims for non-conformity or apparent defect of the Products delivered (e.g. damaged package already opened, etc.) on the www.clarkup.com website, with all relevant supporting documents (in particular photos). Once this period has elapsed and if these formalities have not been complied with, the Products will be deemed to be in conformity and free from any apparent defect, and no claim will be validly accepted by the Vendor. The Vendor will reimburse or replace, as soon as possible and at its own expense, any delivered Products whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, in accordance with the conditions set out in the Quebec Consumer Protection Act and those set out in these General Terms and Conditions of Sale (see warranties, in particular).
ARTICLE 6 - Transfer of ownership - Transfer of risk
Whatever the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk.
ARTICLE 7 - Seller's liability - Warranty
The Products sold on the Internet site www.clarkup.com comply with the regulations in force in Canada and have performances compatible with non-professional and/or professional uses. VieDeDingue INC shall in no way be held liable for any result obtained by the Customer. Consequently, the Customer may not hold VieDeDingue INC liable in the event that the subscription program does not, in the Customer's opinion, produce the expected results.
Products supplied by the Vendor are automatically entitled to all rights without further payment.
- the legal guarantee of conformity, for apparently defective, damaged or damaged Products or Products that do not correspond to the order,
- the legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use, in accordance with the legal terms and conditions.
In order to assert his rights, the Customer must inform the Vendor, in writing, of the non-conformity of the Products within a maximum of 3 days from delivery of the Products or the existence of hidden defects within a maximum of 15 days from their discovery.
The Seller will reimburse, replace or repair Products or parts under warranty that are found to be non-conforming or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate, and return shipping costs will be reimbursed upon presentation of receipts.
Reimbursements for Products found to be non-conforming or defective will be made as soon as possible and at the latest within 60 days of the Vendor's finding of the non-conformity or hidden defect. Refunds will be made by crediting the Customer's bank account.
The Vendor cannot be held liable in the following cases:
- non-compliance with the legislation of the country to which the products are delivered, which it is the Customer's responsibility to check,
- in the event of misuse, negligence on the part of the Customer, accident or force majeure. The Vendor's warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are defective.
ARTICLE 8 - Data protection
In application of the Quebec law on the protection of personal information in the private sector of 1993, it is reminded that the nominative data requested from the Customer is necessary for the processing of his order and the establishment of invoices, in particular. This data may be communicated to any of the Vendor's partners responsible for the execution, processing, management and payment of orders. In accordance with current national and European regulations, the Customer has a permanent right of access, modification, rectification and opposition with regard to information concerning him or her. This right may be exercised under the terms and conditions defined on the website www.clarkup.com.
ARTICLE 9 - Intellectual property
The content of the www.clarkup.com website is the property of the Seller and its partners and is protected by Quebec and international intellectual property laws. Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright. In addition, the Vendor retains ownership of all intellectual property rights to photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the Customer's request) with a view to supplying the Services to the Customer. The Customer shall therefore refrain from reproducing or exploiting said studies, drawings, models, prototypes, etc., without the Vendor's express prior written authorization, which may be conditional upon financial consideration.
ARTICLE 10 - Applicable law - Language
The present General Terms and Conditions of Sale and the operations arising therefrom are governed by and subject to Canadian law. These General Terms and Conditions of Sale are written in French. In the event of translation into one or more foreign languages, the French text shall prevail in the event of litigation.
ARTICLE 11 - Disputes
Any and all disputes arising out of or in connection with the purchase and sale transactions concluded in application of these general terms and conditions of sale, concerning their validity, interpretation, performance, termination, consequences and consequences, and which cannot be resolved between the seller and the customer, shall be submitted to the competent courts under the conditions of common law. The customer is hereby informed that, in the event of a dispute, he/she may have recourse to conventional mediation with the existing sector mediation bodies, the references of which can be found on the website www.clarkup.com, or to any alternative dispute resolution method (conciliation, for example).
ARTICLE 12 - Pre-contractual information - Customer acceptance
The fact that a natural person (or legal entity) places an order on the www.clarkup.com website implies full acceptance of these General Terms and Conditions of Sale and the obligation to pay for the Products ordered, which is expressly recognized by the Customer, who notably waives the right to invoke any contradictory document, which would be unenforceable against the Vendor.