GENERAL TERMS OF SALE
Effective date: July 19, 2023.
Getjackblack.ca (the “Website” or the “Site”) is operated by Prestilux Inc. with the authorization of Edgewell Personal Care LLC. d.b.a. Jack Black, LLC. These terms and sale (the “Terms”) constitute an agreement between Prestilux Inc. located at 3537 Le Corbusier boul., Laval, Quebec, H7L 4Z4, Canada, on its behalf and on behalf of its parent company and each of its affiliates, if any (collectively, “Prestilux”, “we”, “us” and “our”) and you.
PLEASE READ THESE TERMS CAREFULLY. BY VISITING, USING AND/OR PURCHASING A PRODUCT FROM THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, IN WHOLE OR IN PART, DO NOT USE THE WEBSITE OR PURCHASE ANY PRODUCTS THROUGH THE WEBSITE.
1. USE OF THE WEBSITE
- Access to the Website. This Website is intended only for Canadian consumers of 16 years or older. If you use this Website, you represent and warrant that you are of legal age to enter into a purchase agreement through the Website and to be bound by the Terms.
- Features. The Website allows you to, among other things, view product offerings, purchase certain products, share your impressions of products, and view comments made by other users about products they have purchased. We may also offer new services and/or features through the Website (including the publishing of new tools and resources), and those new services and/or features will be subject to these Terms.
- Accuracy of information. We use commercially reasonable efforts to ensure that the information available on our Website is accurate and up to date. However, there may be times when information contains typographical errors, inaccuracies, or minor omissions. In such cases, and to the extent permitted by law, we reserve the right to correct any such minor errors, inaccuracies, or omissions on our Site without affecting any orders placed or pending.
- Restrictions. You may not, under any circumstances, directly or indirectly : (i) use our Website, its components and our products for any illegal or unauthorized purpose ; (ii) violate any applicable laws including, without limitation, any applicable intellectual property laws ; (iii) copy, modify or create derivative works from the Website or its components ; (iv) use the Website, its components or products for any purpose other than as strictly provided for in these Terms ; (v) transmit via the Website spam or any other unsolicited content ; (vi) collect, extract or harvest, or attempt to do so, any personal information of any third-party from the Website ; (vii) impersonate any other person or misrepresent your affiliation with any person or entity, commit fraud, conceal or attempt to conceal your identity, or solicit others to commit or participate in illegal acts ; (vii) interfere with the proper working of the Website ; (ix) access any content on the Website through any technology or means not provided or authorized by the Website ; (x) circumvent the Website’s security measures ; (xi) modify, disassemble, decompile, reverse engineer or adapt the Website.
- Investigation and prosecution. Prestilux reserves the right (but not the obligation) to investigate and take appropriate action regarding any actual or potential violations of these Terms. In the event of a breach of these Terms, Prestilux reserves the right to deny you access to the Website in addition to any other remedies Prestilux may have under applicable laws.
2. ACCOUNT CREATION
- Creation of accounts. Access to certain aspects of the Website may require the creation of a user account. When paying for your order, you will also be able to log in through your accounts with payment providers (Shop Pay). If you choose to register and create an account on the Website, you will be required to provide us with certain information that must be complete, current, and accurate, and you will be required to keep it up to date to ensure its accuracy at all times. You will also be required to choose a unique username and a secure password.
- Responsibility for your account. You are entirely responsible for maintaining and preserving the confidentiality of your account and password. Without limiting the generality of the foregoing, you are entirely responsible for all activities that occur under your account. You agree to immediately notify Prestilux of any unauthorized use of your account or any other breach of security.
- Prohibitions. You may not create an account for another person without their prior authorization, nor may you create fraudulent accounts. You may not use another person’s account except with the authorization of the account holder as a duly authorized agent.
- Account security. Although we use commercially reasonable security measures to protect your personal information, we cannot guarantee that unauthorized third parties will never be able to breach the Website’s security measures or misuse your personal information.
- Deletion of your account. Prestilux reserves the right to delete any account that has been inactive for more than one (1) year or at the request of its holder.
3. Intellectual Property
- Ownership of the Website and its components. The Website and its components are, as between the parties, the sole and exclusive property of Prestilux and, unless expressly stated otherwise in the Terms, nothing herein shall be construed as conferring upon you any right, title, or interest in and to the Website and/or its components. Without limiting the generality of the foregoing, the trademarks, trade names, logos, text, images, information, and descriptions displayed on the Website are the sole and exclusive property of Prestilux or its licensors. You may only use the Website and its components for your personal, private, non-commercial use. No other use of the Website or its components is permitted.
- Your content. As between us, you retain ownership of any text or other materials that you post on or communicate through the Website or provide to Prestilux hereunder (collectively, “Content”). By submitting Content via the Website, you grant Prestilux a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable license to reproduce, publish, modify, and generally use the Content in connection with the Website and our products. You also agree to complete and sign any documents that Prestilux may reasonably require in order to give full effect to this provision. At all times when providing Content hereunder, in addition to the other prohibitions set forth in the Terms, you agree not to make any statement that may be considered, at Prestilux’s sole and absolute discretion, to be : (i) harassing, abusive, insulting, racist, hateful, homophobic, sexist, immoral (or any use of discriminatory language), or intended to harm, defame, slander, disparage, intimidate, or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability ; (ii) containing vulgar, obscene or malicious language ; or (iii) disclosing personal or confidential information of others. You acknowledge and agree that you are solely responsible for any Content you provide hereunder. Accordingly, you represent and warrant to Prestilux that : (y) you are the sole and exclusive owner of the Content, or that you have all the rights, licenses, authorizations, consents and releases to grant Prestilux the rights to such Content ; and (z) neither the Content, nor its reproduction, publication, modification and in general, its use by Prestilux violates or will violate the rights of any third-party, including any intellectual property rights and right of image, or any law or regulation, Canadian or foreign. You acknowledge and agree that Prestilux has no obligation to review the Content posted on the Website, but has the right to do so, in order to ensure compliance with these Terms, applicable laws, court orders, government norms or any other applicable requirements.
- Third-party content. Through the Website, you may use and/or access content provided by third parties. Prestilux cannot guarantee that such content will be free of any material or information that you may find objectionable. Prestilux disclaims all liability related to any such content.
- Complaint. If you believe that any Content violates any of the provisions of this section 3, Prestilux invites you to file a complaint, which will be treated confidentially, by contacting us at the address listed in the “Contact Us” section below.
- Product Availability. Some products may be available in limited quantities. We reserve the right to limit the quantities of any product we offer, but in that case, we will see that you are adequately notified if we do not have a product in sufficient quantity to meet the public’s demand.
- Ordering. To purchase products, you must complete the order form provided on the Website. At any time prior to the completion of the transaction, you will have the right to accept, correct or refuse your order. Once the order is completed, a payment receipt will be sent to you by e-mail with the order confirmation. Thereafter, you may cancel your order only to the extent permitted by law and these terms and conditions.
5. PRICE ; PAYMENT TERMS
- Prices and taxes. The selling price is the one displayed in the summary of your order. Unless otherwise indicated, the prices of products listed on the Website do not include applicable federal or provincial sales taxes. Applicable taxes will be listed separately in your order summary.
- Promotional offers. To the extent that a product offered on our Website is the subject of a promotional offer, it will be subject to the terms and conditions of that offer, including limitations on its use, if any.
- Currency. Unless otherwise indicated on the Website, all prices displayed on the Website are in Canadian dollars.
- Pricing errors. While we strive to ensure that all prices on the Website are accurate, errors may occur. If we discover an error in the price of the products you have ordered after you have placed your order, we will notify you as soon as possible and give you the option of confirming your order at the correct price or cancelling it. If we are unable to contact you after ten (10) business days, we will cancel your order and refund all fees paid for any order so cancelled.
6.1 Delivery. Products ordered will be delivered according to the delivery method and location indicated in your order confirmation. It is important to note that the third-party carrier dealing with Prestilux, ICS Courier, can only deliver to a physical address and not to P.O. boxes. Once the order is confirmed, you will receive a shipping confirmation with a tracking number. All delivery times provided are estimated. If you have not received your order within ten (10) days of receiving the shipping confirmation, please contact ICS Courier for more information on the status of your order. You will also have the option of choosing other third-party carriers such as Canada Post or Fedex for an additional fee which will be indicated prior to your transaction.
6.2 Risk and title. You shall bear the risk in respect of the products ordered from the time of delivery. Ownership of the products will not pass to you until we have received full payment for the products, including delivery charges.
6.3 Cancellation. You shall have the right, at any time and without charge prior to delivery of your product, to cancel the order if you have not received it within thirty (30) days of the date on your order confirmation or the date of shipment confirmation if the order confirmation does not indicate a delivery date.
7. RETURN, EXCHANGE AND REFUND POLICY
In the event of an error on the part of Prestilux or a problem with the quality of a product, please write to us at firstname.lastname@example.org within seven (7) days of receiving the product(s) and explain the defect(s). Please provide our customer service team with photographs of the relevant products, as well as a copy of the packing slip and any other documents that were included with your delivery. Provided that your request is indeed related to an error on the part of Prestilux or to a defective product, Prestilux will send you a replacement product within a reasonable period of time following the receipt of your e-mail sent under this section. With the exception of the replacement procedure provided for in this section, Prestilux will not accept any product returns and will not exchange or refund any product.
8. ADVERTISING CONTESTS
You may have the opportunity to enter contests or promotions (collectively, “Contests”) offered on the Website. These Contests will be subject to the terms and conditions applicable to them, which may be available on the Website. Failure to comply with any Contests rules may result in disqualification from the Contest and/or the suspension or deletion of the participant’s account on this Website.
9. HYPERLINKS AND THIRD-PARTY CONTENT
9.1 Hyperlinks. Certain content, products and services available through our Website may include hyperlinks to third-party websites that are not affiliated with us (collectively, the “External Sites”). You acknowledge and agree that Prestilux is not responsible for the availability of such External Sites, nor for the accuracy of the content, products, or services available on such External Sites. Hyperlinks to External Sites do not imply that Prestilux approves or endorses such External Sites. You acknowledge and agree that you assume all risks arising from your use of the External Sites. By using the Website, you expressly release Prestilux from any and all liability arising from your use of any External Site.
9.2 Third-party content. We may provide you with access to third-party tools over which we have no control or influence. You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis without any warranties, representations or conditions of any kind and without any endorsement. You acknowledge and agree that you assume all risks arising from your use of such third-party tools. By using the Website, you expressly release Prestilux from any and all liability arising from your use of any third-party tool.
10. Limit of liability
UNDER NO CIRCUMSTANCES SHALL PRESTILUX BE LIABLE TO YOU FOR ANY INTERRUPTION, SUSPENSION, OR INABILITY TO ACCESS THE WEBSITE, IN PARTICULAR IN THE EVENT OF BREAKDOWNS, NETWORK PROBLEMS, FORCE MAJEURE OR EVENTS BEYOND OUR CONTROL, NOR FOR ANY DAMAGE THAT MAY RESULT FROM SUCH EVENTS. PRESTILUX MAY, AT ANY TIME AND WITHOUT PRIOR NOTICE, TEMPORARILY INTERRUPT ACCESS TO THE WEBSITE FOR MAINTENANCE PURPOSES IN ORDER TO ENSURE ITS PROPER FUNCTIONING, WITHOUT HAVING TO GRANT ANY COMPENSATION. FURTHERMORE AND TO THE FULL EXTENT PERMITTED BY LAW, PRESTILUX SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, TRANSMISSION OF VIRUSES, ATTEMPTED INTRUSIONS, AND HACKING OF THE DATA, FILES OR PROGRAMS CONTAINED THEREIN, TO THE EXTENT THAT SUCH LOSSES OR DAMAGES ARE NOT A RESULT OF PRESTIUX’S FAULT OR BREACH OF ITS OBLIGATIONS HEREUNDER.
- Notices. We may provide you with any required legal notices (including service of process) by any lawful method, including posting notices on the Website or sending notices to any email address you provide when setting up your account on the Website or that you provide in any other interaction with us or the Website. You agree to send us notices by mailing them to Prestilux, 3537 Le Corbusier boul., Laval, Quebec, H7L 4Z4, Canada.
- Waiver ; severability. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If a court of competent jurisdiction determines that any provision of the Terms, in whole or in part, is void, invalid, illegal, or unenforceable, such determination shall not affect the remaining provisions of the Terms, each of which is separate and severable.
- Survival of provisions. Provisions which by their nature should survive the expiration or termination of these Terms shall survive such expiration or termination.
- Assignment. You may not assign or transfer these Terms or any rights or obligations hereunder.
- Force majeure. Except for obligations relating to payment, each party shall be relieved of its obligations to the extent and for the period that it is unable or prevented from performing such obligations by circumstances beyond its control and shall not be liable to the other party for any damages suffered.
12. CONTACT US
Prestilux welcomes your comments and questions, which can be sent to the following address: email@example.com.