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**General Conditions of Sale**
**1. General provisions:**
These general conditions of sale govern the sales of products between Équipement Sturdy / Les Entreprises Widmer Inc. and the buyer, in accordance with the laws in force in Quebec.
**2. Applicable law:**
These general conditions of sale are subject to the laws of Quebec.
**3. Changes to the general conditions of sale:**
The Seller (Equipment Sturdy / Les Entreprises Widmer Inc.) reserves the right to modify these general terms and conditions of sale at any time. The applicable conditions will be those in effect on the date of the order by the buyer.
**4. Acceptance by the buyer:**
The fact that a person orders on the website, by telephone or electronically from the company (Équipement Sturdy / Les Entreprises Widmer Inc.) implies full adherence to and acceptance of these general conditions of sale. This is expressly acknowledged by the buyer, who waives in particular the right to rely on any contradictory document, which would be unenforceable against the seller.
**5. Orders:**
All product orders must be placed in writing by the buyer or through the online store. The seller reserves the right to accept or reject any order.
**6. Price:**
Our product prices are quoted in Canadian dollars, excluding taxes, and are in effect at the time the order is placed. Prices are subject to change without notice. Shipping and other charges will be added.
**7. Payment:**
Payment for the products must be made according to the terms proposed by the seller. Any delay in payment may result in late payment interest in accordance with applicable laws.
**8. Small parcel delivery:**
Products will be delivered to the address indicated by the buyer when ordering. Delivery times are given as an indication and any delays will not give rise to damages, unless otherwise provided by law. Please note that delivery estimates are provided by the carrier (DHL, Canada Post, UPS, FedEx or other) and are not guaranteed. In addition, shipments during holidays and peak periods may take longer than expected.
**8.1. Delivery of large oversized packages:**
The products will be delivered to the address indicated by the buyer when ordering. Delivery times are given as an indication and any delay will not give rise to damages, unless otherwise provided by law. The delivery slip must be signed by the buyer upon arrival of the delivery. Delivery will be made once. If the buyer is not present, the buyer's package will be returned to our warehouse and awaiting in-person pickup. The buyer must call customer service to schedule a date and time to pick up their package from our warehouse. Delivery fees are non-refundable if the buyer was not present to receive their package. The buyer can reschedule a second delivery once the new delivery fees have been paid.
**9. Receiving small packages:**
The buyer accepts delivery by carriers such as (DHL, Canada Post, UPS, FedEx or other). The buyer is required to check the conformity of the products upon receipt. In the event of non-conformity, the buyer must inform the seller as soon as possible.
**9.1. Receiving large oversized packages:**
External transport companies reserve the right to refuse to deliver products to the door if their employee deems that access is unsafe for their truck or for themselves. For the delivery of any order falling into the heavy or/and oversized categories, the buyer must be present to take charge of unloading their order. The buyer is required to check the conformity of the products upon receipt. In the event of non-conformity, the buyer must inform the seller as soon as possible.
**10. Warranty:**
The products are guaranteed against any manufacturer's defect in accordance with the provisions of the Civil Code of Quebec. The warranty does not cover damage caused by misuse or abuse of the products.
**11. Condition of products:**
It is agreed that the products supplied by Équipement Sturdy / Les Entreprises Widmer Inc. may show external signs of wear or handling due to storage, transportation or handling, but that they are nevertheless new equipment and in perfect working order. Équipement Sturdy / Les Entreprises Widmer Inc. guarantees that all products supplied are new and to the best of its knowledge, free from manufacturing defects.
**12. Responsibility:**
The seller shall not be held liable for any indirect or immaterial damage caused by the products. The seller shall not be held liable for any accident that may occur during the use of the products. The seller shall not be liable for failure to comply with the legislation of the country where the product is delivered. The buyer is responsible for the use of the products and for complying with the laws and regulations governing the products.
**13. Right of withdrawal:**
In accordance with the laws in force in Quebec, the buyer has a right of withdrawal within the time limits provided by law to return the products and request a refund.
**14. Purchasing Policy:**
The seller will not accept refunds or exchanges once the package is in processing for shipment, in transit, and/or delivered. All product purchases are final sales. For exchanges or refunds, please contact customer service to submit your request. The seller cannot guarantee that the request will be accepted.
**15. Returns:**
Returns must be made in their original packaging and in perfect condition within 15 days of receiving the order. Damaged, soiled, or incomplete products will not be accepted.
**16. Refunds:**
Refunds for products under the conditions stipulated above will be made within 10 days of receipt of the products by the seller.
**17. Returns and/or Refunds of large items over 15 pounds:**
Items over 15 pounds may be subject to a restocking fee. Shipping charges are non-refundable. Return shipping costs are the customer's responsibility unless otherwise stated in the event of an error on our part or a defective product.
**18. Inventory:**
The seller cannot be held responsible for non-performance of the contract concluded in the event of out of stock or unavailability of the product, force majeure, disruption or total or partial strike, in particular of postal services and means of transport and/or communications.
**19. Intellectual Property:**
All elements of the EQUIPEMENT-STURDY.COM site are and remain the intellectual and exclusive property of Entreprises Widmer Inc. No one is authorized to reproduce, exploit or use for any purpose whatsoever, even partially, elements of the site, whether in the form of photos, logos, visuals or text.
**20. Personal data:**
The seller undertakes to preserve the confidentiality of the information provided by the customer, who undertakes to provide truthful information necessary for the management of his order.
**21. Disclaimer for external links:**
Our site may contain links to other sites that are not operated by the seller. Équipement Sturdy / Les Entreprises Widmer Inc. is not responsible for the content, privacy policies, or practices of these third-party sites.
**22. Force majeure:**
The seller shall not be liable for any total or partial non-performance of its obligations if such non-performance is due to a force majeure event. In the event of the occurrence of a force majeure event, the seller (Équipement Sturdy / Les Entreprises Widmer Inc.) shall be temporarily exempted from the performance of its contractual obligations without this constituting a breach of the contract. Équipement Sturdy / Les Entreprises Widmer Inc. shall immediately notify the other party of the occurrence of a force majeure event and of the measures taken to mitigate its effects.
**22.1. Specification of force majeure:**
Force majeure means any unforeseeable event beyond the control of Équipement Sturdy / Les Entreprises Widmer Inc. that prevents or delays the performance of its contractual obligations. This may include, but is not limited to, natural disasters, wars, strikes, civil unrest, government acts, major technical failures, cyber attacks, and any other event considered force majeure in law.
**22.2. Suspension or termination in the event of force majeure:**
If a force majeure event persists for an extended period and makes performance of the contract impossible or excessively onerous, the parties agree to negotiate in good faith modifications to the contract or to terminate the contract without penalty or liability.
**23. Competent jurisdiction:**
Any dispute relating to the interpretation, execution or termination of the sales contract between the seller and the buyer will be submitted to the competent courts of Quebec, notwithstanding multiple defendants or third-party claims.
**24. Dispute Resolution:**
In the event of a dispute, the parties will endeavor to find an amicable solution. Failing this, the competent courts of the province of Quebec will be seized.
**24.1. Negotiation:**
In the event of any dispute or disagreement arising out of this Agreement, the Parties undertake to enter into negotiations in good faith to attempt to resolve the dispute amicably within a reasonable time.
**24.2. Mediation:**
If direct negotiations fail to resolve the dispute within a reasonable time, the parties agree to resort to mediation before taking any legal action. Mediation will be conducted by a neutral and competent mediator chosen by mutual agreement of the parties. Mediation costs will be shared equally between the parties.
**24.3. Arbitration:**
If mediation does not result in a resolution of the dispute within a time period agreed upon by the parties, or if one of the parties refuses to participate in mediation, the dispute will be submitted to binding arbitration in accordance with the arbitration rules in force in Quebec. The arbitral tribunal will be composed of five arbitrators selected in accordance with said rules. The decision of the arbitral tribunal will be final and binding, and the parties waive their right to challenge said decision before any competent court.
**24.4. Judicial jurisdiction:**
If any arbitration clause is found to be invalid or unenforceable, the parties agree that any dispute arising from this contract shall be brought before the competent courts of Quebec and waive any objection based on the jurisdiction or venue of such courts.
**24.5. Legal fees:**
Each party shall bear its own costs and attorneys' fees incurred in any dispute resolution proceeding, unless otherwise provided in the arbitral tribunal's award or by written agreement between the parties.
**25. Severability Clause:**
If any part of these terms and conditions is held to be invalid or unenforceable by a court, the remaining provisions will remain in effect.
**26. Confidentiality:**
The parties undertake to keep confidential information and documents of any nature relating to the other party, however they were obtained.
