Terms & Conditions
CUSTOMER INFORMATION & TERMS AND CONDITIONS FOR CANADA
Effective as of July 2014
1. Scope of application
This customer information and the terms and conditions set forth below (the “Terms and Conditions”) shall apply to all use of this website, accessible at http://www.lokus.com (hereafter referred to as the "Website"), provided by lokÜs Online (hereafter referred to as “lokÜs online”, “lokÜs”, “the company”, or “its”) and all purchases of products made through the Website. By using the Website or purchasing products through the Website, you agree to these Terms and Conditions and further agree that all agreements, notices, disclosures, and other communications that lokÜs Online provides electronically satisfy the legal requirement that such agreements, notices, disclosures, and other such communications be in writing.
2. Parties, Customer Service, and returns
This Website may only be used by persons residing in Canada. This Website may not be used by persons in jurisdictions where access to or use of this Website, or any part of it, is illegal or prohibited. It is the sole responsibility of the user to determine whether his/her use of the Website is lawful. All users must comply with all applicable laws.
LokÜs Online's Customer Service Department may be contacted by:
Email: XX 24 hours a day, seven days a week.
Any products that are returned, as permitted under these Terms and Conditions, must be shipped to the following address:
516 Iberville Blv.
Repentigny, QC J6A 6H9
3. Orders and purchases
LokÜs Online only sells products to adults who are able to purchase its products using a valid credit card issued to the actual buyer. By purchasing a product using the Website, you represent to lokÜs Online that you are an adult and that you are authorized to make the purchase using the credit card account information you provide. You represent and warrant that any products you purchase are for your own personal use and not for resale.
Credit card payment is the only form of payment lokÜs Online accepts for products ordered through the Website. Any orders placed on the Website constitute a binding offer by you to conclude a purchase with lokÜs Online. The binding purchase agreement comes into existence only when lokÜs Online accepts your order on the Website by written communication, by email, or by shipping the products ordered.
Purchased items may be returned without questions within 14 business days after the date of their receipt. However, items must be returned in their original condition and mailed back to lokÜs within 14 business days of the date of their receipt. Alternatively, you may notify lokÜs Online by email (XX) within 14 business days of the date goods are received of your intent to return your item(s). In this case, you must promptly return the goods within 14 business days of notifying lokÜs. Item(s) must be in their original condition.
If you choose to take advantage of this return policy, lokÜs will refund the full cost of your order once the item(s) have been received. Loküs will not refund shipping costs.
LokÜs will only refund a payment after goods have been received. You must take all reasonable care of the goods until they are sent.
The prices on the Website are exclusive of all applicable taxes, customs, duties, and levies. When lokÜs Online is required by law to collect applicable taxes relating to your order, you authorize the company to charge the applicable taxes to your credit card.
5. Reservations and exceptions
LokÜs Online reserves the right to change prices, terms, specifications, product warranties, promotional offers, and any other part of the Website at any time without prior notice and without liability. LokÜs Online attempts to post accurate information; however, errors may sometimes occur. The company does not warrant that the Website is accurate, complete, reliable, current, or error-free. Any such errors, inaccuracies, or omissions (including after an order has been submitted or accepted) for product specifications, descriptions, and pricing will be corrected when discovered and lokÜs Online reserves the right to revoke any stated price, term, or specification on the Website. If an error or inaccuracy is discovered after your order has been submitted or accepted, the company will inform you promptly upon its discovery, at which time you will have the option to cancel or confirm your order.
6. Product availability
Once lokÜs Online accepts your order, it will attempt to promptly fill the order, subject to available inventories. Should an item not be available, lokÜs kindly asks you to try again shortly or to visit your local authorized lokÜs retailer.
7. Terms of payment
All prices and other references to currency on the Website are shown in Canadian dollars. The purchase price for the products ordered is due upon the shipment of your order by lokÜs Online. Upon shipment, lokÜs Online will charge the credit card account identified at the time your order was placed for the purchase price, the cost of shipping and handling, and applicable taxes. If the charge is not authorized or accepted the company reserves the right to cancel your order without notice or liability. You may not make any set-off against lokÜs Online's claim for payment unless otherwise agreed to in writing by lokÜs Online.
8. Delivery, reservation of title, and risk of loss
The products ordered by you will be delivered to the address entered by you through a delivery service selected by lokÜs Online, provided however that you may not specify, and lokÜs Online will not ship to, post office boxes or freight forwarding services. You agree that the products ordered and sent to you remain lokÜs Online's property until full payment has been received by the company. Risk of loss or damage passes to you at the time the products you order are delivered to the delivery service.
9. Warranty and disclaimers
Customer Satisfaction Warranty
If you are not satisfied with your purchase for any reason up to two weeks following your receipt of the ordered products, lokÜs Online will, upon receipt of the returned products, refund or credit the full purchase price (excluding shipping charges) you have paid for the ordered products.
To obtain a refund, you must send a written notice to the address specified above in paragraph two within two weeks of your receipt of the products, or send the products back to the shipping address specified above in paragraph for delivery within two weeks of your receipt of the products. If you cancel the purchase by written notice, you must return the products to the shipping address specified above in paragraph two within thirty days your notice.
You are responsible for the costs of and arrangements for the shipment of the products to be sent back to lokÜs Online. You must take reasonable care to ensure that the products are not damaged during their return. The risk of loss or damage to the products remains with you until the products are received at lokÜs's facilities.
These Terms and Conditions will ensure to the benefit of and be binding upon lokÜs Online and its successors and assigns, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign the Terms and Conditions or any of your rights or obligations hereunder without lokÜs Online's prior written consent. The company may assign these Terms and Conditions or any of its rights or obligations hereunder.
11. Applicable law and venue
By using the Website, you agree that the laws of the Province of Quebec shall govern the Terms and Conditions without giving effect to any conflict of law principles and further agree to attorn to the exclusive jurisdiction of the courts of the Province of Quebec and that the venue for any action, suit, or proceeding arising from or relating to these Terms and Conditions or our products shall be Montreal, Quebec, subject to the provisions on arbitration below. You agree that the United Nations Convention on Contracts for the International Sale of Goods and any local enactment thereof, including but not limited to the International Sale of Goods Act (Ontario), shall not apply.
You agree that any claim, action, dispute, disagreement, or controversy, at law or in equity, arising out of or relating to these Terms and Conditions, the Website, your use thereof, lokÜs Online, or any of the products shall, except to the extent expressly prohibited by law, be exclusively resolved by confidential, final, and binding arbitration by a sole arbitrator in an arbitration pursuant.
Judgment upon the award rendered in any such arbitration may be entered in any court having jurisdiction thereof, or application may be made to such court for a judicial acceptance of the award and enforcement, as the law of such jurisdiction may require or allow. The arbitration shall take place in the city of Montreal, Quebec, Canada. There shall be no discovery. The arbitrator shall not limit, expand, or modify these Terms and Conditions, nor award damages in excess of compensatory damages permitted under these Terms and Conditions, and you waive any claim to such excess damages. The arbitrator shall not have any ability to award any equitable remedies against lokÜs. The arbitrator shall not have the right to award any damages in excess of damages that could lawfully be awarded by a court of competent jurisdiction. The arbitrator shall issue a written decision containing findings and conclusions on all significant issues. Each party shall bear its own expenses and an equal share of all costs and fees of the arbitration. The content and result of any arbitration shall be held in confidence by all participants, each of whom will be bound by an appropriate confidentiality agreement.
You also agree, except to the extent prohibited by law or for any application for injunctive relief, not to join any arbitration under these Terms and Conditions or to any other arbitration involving any other parties subject to these or a similar version of these Terms and Conditions, whether through class arbitration proceedings or otherwise.
Except to the extent prohibited by law, lokÜs Online will have no liability to you for any claim or cause of action you may have arising from, connected with, or relating to these Terms and Conditions, this Website, your use thereof, or any related matters for which you give us more than six months notice after the claim or cause of action arises.
12. Modifications and waivers
LokÜs Online reserves the right to make changes to the Website and these Terms and Conditions at any time by updating this posting. By using the Website, you agree to be bound by the Terms and Conditions in effect at the time of your use or purchase.
You may not modify, supplement, delete, or amend these Terms and Conditions in any manner without the express written agreement of lokÜs Online.
No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
The parties agree that these Terms and Conditions contain the entire agreement of the parties and supersede all prior agreements, documents, or representations, whether written or oral, with respect to the subject matter hereof.
LokÜs Online will use your personal information to: (i) respond to your inquiries or requests; (ii) for market research to improve its product range and the Website; (iii) keep you informed about lokÜs Online and its goods, including sending you select advertisements for lokÜs products or notices of special promotions and other opportunities to buy lokÜs products; and (iv) process the order(s) which you have placed. Your personal information will not be sold to or shared with any other third parties for their commercial use without your consent. However, lokÜs may share some or all of your personal information with third parties who perform functions on its behalf, such as, without limitation, delivery services, information technology service providers, and credit card processing services. Under their agreements with lokÜs Online, these third parties have access only to the extent necessary to perform their functions for lokÜs and are not permitted to use it for other purposes. Your personal information is stored and processed by lokÜs Online. By submitting your personal information to lokÜs Online, you agree to the company’s collection, use, and disclosure of your personal information as set forth above and as permitted or required by applicable law.
Subject to legal and contractual requirements, you can refuse to consent to lokÜs’s collection, use, or disclosure of your personal information by contacting Customer Support. You may also withdraw your consent to any further collection, use, or disclosure of information about you at any time by giving lokÜsreasonable notice and subject to legal and contractual requirements. Any such refusal to or withdrawal of consent may affect the information, products, and services the company can provide to you.
14. Permitted use of the Website
Subject to the Terms and Conditions hereof, lokÜs Online grants you a limited license to use the Website solely as reasonably required for you to personally evaluate our products and to make a decision to purchase or not to purchase such products through the Website. Permitted use includes electronically copying and printing portions of this Website for such purposes, provided you do not modify any of those portions and that you do not remove or alter any trademarks or other identification, marks, notices, or disclaimers found therein.
Except as expressly permitted under these Terms and Conditions, any use of this Website including any commercial use, reproduction for purposes other than those described above, or any modification, distribution, republication, display, transmission, or performance without lokÜs’s prior written permission is strictly prohibited and, without limiting the generality of the foregoing, you agree not to, without its prior written consent:
- use the Website in any manner or for any purpose not expressly permitted by this Agreement including, without limitation: (i) modification, adaptation, translation, reverse engineering, decompilation, disassembly, or conversion into human readable form any of the Website not intended to be so read, including using or directly viewing the underlying HTML or other code from this Website except as interpreted and displayed in a web browser; (ii) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting, or transmitting any of the Website (including any trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise; (iii) selling, reselling, or making any commercial use of the Website or access thereto; (iv) collecting or using any product listings or descriptions; (v) creating any derivative works of the Website; or (vi) using any data mining, robots, bots, spiders, automated tools, or other data gathering and extraction methods, directly or indirectly, on the Website or to collect any information from the Website or any other user of the Website;
- upload, distribute, transmit, or otherwise publish to or through this Website any message, information, text or other material (“Content”) that: (i) is or is likely to be construed as unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable; (ii) would constitute or encourage a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law; (iii) may infringe any patent, trademark, trade secret, copyright, or other intellectual, moral, proprietary, publicity, contractual or other right of any party, and by posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content; (iv) may be harmful or deleterious, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data, or personal information; (v) includes charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, advertising or solicitations for funds, political campaigning, mass mailings, any form of unsolicited email, including commercial email or “spam,” (regardless of whether the email itself complies with the requirements of federal, provincial, or state law for sending commercial email) or offering or disseminating fraudulent goods, services, schemes or promotions; or (vi) contains any error, deficiency, omission, misstatement, or misrepresentation;
- use the Website for any unlawful purpose or in any unlawful manner, or in any manner which is otherwise contrary to or violates any law, regulation, or the rights of any third parties or in a manner that could damage, disable, overburden, or otherwise interfere with the normal operation of this Website, including any other person’s use or enjoyment of this site.
If you submit an order to purchase products, you agree that any information you provide to lokÜs will be current, true, accurate, and complete, and further agree to update such information in respect of any changes the next time you use the Website following such changes.
If you do send, submit or transmit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information (collectively, “Submissions”) to the Website, or to lokÜs by email, through the Website, or by other means, you agree that you remain solely responsible and liable for your Submissions, and that Submissions (excluding your personal information) may be treated by us as non-confidential. You further hereby grant to lokÜs and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, worldwide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and otherwise exploit the Submissions or any ideas, concepts, know-how, or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media, or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on our part or of our assigns, and you hereby waive all moral rights, or agree, represent, and warrant that all moral rights in the Submissions (including without limitation the rights of paternity, attribution and integrity) are irrevocably waived, in favor of lokÜs and its assigns.
LokÜs has the right, but not the obligation, to monitor any activity, Submissions associated with forums, and interactive areas on this Website. The company may investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate. Such action may include, but is not limited to, issuing warning, suspension or termination of service, or removal of posted Submissions.
LokÜs takes no responsibility and assumes no liability for any Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. The company reserves the right, in its sole discretion, to remove or edit any Submissions that violate these Terms and Conditions, or are otherwise objectionable. Subject to applicable law, lokÜs may access at any time and use internally for any lawful purpose information stored on its systems, including the content of any emails or other communications. LokÜs may disclose such information to any third parties, including law enforcement agencies to protect our rights or property, in response to legal process, or in a good faith belief that such disclosure is justified or required in an emergency situation.
You are granted a limited, nonexclusive right to create a hypertext link to this Website, provided such link does not portray lokÜs or any of its products or services in a false, misleading, derogatory, unflattering, or defamatory manner and provided the site on which such a link is found does not contravene the Content restrictions set forth in the paragraphs above. This limited right may be revoked at any time. You may not use, frame, or utilize framing techniques to enclose any of lokÜs’s trademarks or any portion of the Website without its express written consent. You may not mirror, replicate, or otherwise alter the presentation of this Website, or cause any advertisement, announcement, message, or commentary (including without limitation any pop-up, pop-under or banner advertisement) to appear at, on, over, or triggered by exiting, this Website.
This Website may from time to time include links to other Internet sites or resources and businesses operated by other persons (collectively "Other Sites"). Other Sites may be independent from lokÜs, and it does not have responsibility or liability for or control over Other Sites, their business, goods, services, or content. Links to Other Sites are provided solely for your convenience. Your use of Other Sites and your dealings with the owners or operators of Other Sites are at your own risk, and you shall not make any claim against lokÜs arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites. The company makes no claim, representation, warranty, or endorsement regarding, and accepts no responsibility for, the quality, content, nature, reliability, products, information, or services of Other Sites, or web sites linking to this Website.
17. Limitations of liability
Subject to applicable law and without limiting the generality of the foregoing, the total liability of lokÜs Online for any cause of action whatsoever arising from or related to these Terms and Conditions, this Website, lokÜs Online, or the products offered on this Website shall be limited to direct damages in an amount not to exceed: (i) in respect of any particular claim, the amount paid to lokÜs Online for the purchase of products or provision of service related to the claim, if any; and (ii) in aggregate and in respect of all claims, the amount paid to lokÜs for the purchase of products through this Website in the two year period immediately preceding the claim, provided further that lokÜs Online shall have no liability whatsoever arising from or related to the use of or inability to use the Website, including but not limited to reliance by a user on any information obtained on the Website or that result from mistakes, omissions, interruptions, deletion of files, or email errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to lokÜs Online records, programs, or services or any use or misuse of any product by you.
You agree that under no circumstances shall lokÜs Online or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Website, including but not limited to reliance by a user on any information obtained on the Website or that result from mistakes, omissions, interruptions, deletion of files, or email errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to lokÜs Online records, programs, or services. The foregoing limitation of liability shall apply whether in an action of contract, negligence, or other tort. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
Subject to applicable law, the disclaimers, limitations, and exclusions set forth in these Terms and Conditions shall apply irrespective of the cause of action or nature of the claim, whether in contract (including but not limited to warranty claims), tort (including but not limited to negligence), product liability, strict liability, or any other theory of law or equity, arising from or related to these Terms and Conditions, this Website, lokÜs Online, or the products offered on this Website, even if lokÜs Online is aware of or has been advised of the possibility of such loss or damage.
You agree that all exclusions and limitations of liability in these Terms and Conditions apply to any claims against lokÜs Online as well as its related parties.
18. Proprietary rights
Content included on or comprising the Website, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") are protected by Canadian and international copyrights, trademarks, patent, or other proprietary rights. All Content is copyrighted under applicable law and lokÜs Online owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content.
When you use this Website, you are responsible for maintaining the confidentiality of your access information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur on your computer relating to any use of the Website or any purchase of lokÜs Online's products through your computer or using your access information. In the event that the confidentiality of your access information is compromised, or you suspect such confidentiality is compromised in any manner, you will notify us immediately. LokÜs reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Website and your account, including without limitation, terminating your account, changing your password, or requesting information to authorize transactions on your account.
20. Excusable non-performance
If the performance of any of these Terms and Conditions or any obligation hereunder by lokÜs Online is prevented, restricted, delayed or interfered with by reason of: (i) fire, flood, earthquake, explosion or other casualty or accident or act of God; (ii) strikes, labor disputes, embargoes or transportation delays; (iii) war, terrorism, riots, civil disorder or other violence; (iv) any law, order, proclamation, regulation, ordinance, demand, requirement or act of any governmental authority; (v) delay or nonperformance of suppliers or carriers; (vi) lack of or inability to procure supplies, materials or services; or (vii) any other cause beyond its reasonable control, it shall be excused from such performance to the extent of such prevention, restriction, delay or interference.
The section headings used in these Terms and Conditions are for convenience only and do not form a part of these Terms and Conditions and no construction or inference shall be derived from them.
If any provision of these Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms and Conditions and shall not affect the validity and enforceability of any of the remaining provisions.