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Terms and conditions

CONDITIONS OF USE
Last updated: October 1st, 2015

Acceptance of conditions of use

IT IS IMPORTANT TO ATTENTIVELY READ ALL OF THE CONDITIONS. Chaussures Le Pacha Inc.is the owner and administrator of this Website at http:// magasinchaussures.ca (the “Website”). When you log onto and use this Website, you agree to be bound by the conditions mentioned therein (the “Conditions of Use”). If you do not accept these conditions, you must abstain from accessing or using the Website. IF YOU DO NOT AGREE WITH THE CONDITIONS, RULES, POLICIES OR PRACTICES OF THE WEBSITE OPERATED BY YOUR ONLY RECOURSE IS TO CEASE USING IT.

The information in this Website, including the policies and procedures, govern your use of this Website and apart from this sole purpose, will not at any time constitute a contract with you or a modification to any contract that may be binding on us. We may delete, modify or add to the content of the Website, including the products or services offered and these Conditions of Use at any time and without notice thereof unless such notice is namely required for specific services contained in this Website. We maintain this Website for the customers and potential customers domiciled in Canada, to allow them to obtain information concerning the various products offered by Chaussures Le Pacha Inc. only for business or commercial purposes and to allow users to forward information to Chaussures Le Pacha Inc. IF YOU ARE DOMICILED OUTSIDE OF CANADA YOU MAY NOT PURCHASE THE PRODUCTS OFFERED ON OUR WEBSITE BECAUSE WE DO NOT ACCEPT ORDERS FROM OUTSIDE OF CANADA. If you access the Website from a province or territory of Canada other than Quebec, certain conditions of use may not be applicable to you by reason of the laws that apply to your province or territory. However, you must abide by the Conditions of Use which apply to you.

IN ADDITION, IT IS STRICTLY PROHIBITED FOR MINORS TO MAKE ON-LINE PURCHASES FROM THE WEBSITE.

The products or services mentioned in this Website will be available only when offered by Chaussures Le Pacha Inc.and your purchase of certain products or services is at all times subject to our approval or acceptance. Chaussures Le Pacha Inc.may revise these Conditions of Use at its own discretion and at any time by merely updating this page. The use of this Website after such modifications are posted is an acceptance of the revised Conditions of Use.

Privacy and security

We realize that your personal information (in the context of these Conditions of Use “personal information” is personal information that has not been made available to the general public) which must remain confidential and be safely stored. Chaussures Le Pacha Inc.has a formal privacy policy (the “Privacy Policy”) which applies to personal information gathered in connection with the products and services of Chaussures Le Pacha Inc.We understand your preoccupation with privacy and we have established procedures for personal information which may be gathered when you log on to the Website, especially to make an on-line purchase. Click here to read the Privacy Policy.

When you browse: We do not gather any information about you when you log onto and browse our Website. We record the date and time of hits on the Website as well as the pages read so as to determine the most visited pages and make our Website even more efficient for our customers.

Use of cookies: Several websites install cookies or permanent electronic files on your hard drive. These cookies gather generic and non-personal information about your visit to our site. We sometimes use cookies or permanent electronic files to calculate the number of hits on our Website. We sometimes use temporary cookies which are automatically deleted at log off or after a period of 24 hours. If the use of cookies is preoccupying for you, it is possible to configure your browser to prompt you for authorization before a cookie may be installed or activated or to even prevent this. Even if you refuse or deactivate cookies, it is still possible for you to browse on the Website without any restrictions or limitations.

Disclosure of information about former customers: When a customer account at Chaussures Le Pacha Inc.is closed, the information about that account remains in our record. Although we use personal information about former customers less and less over time, the same policies about the disclosure of personal information that are mentioned above apply to the personal information of former customers and we take the same care and precaution in the way we collect, use and protect the personal information of our former customers as we do for our current customers.

Access to customer information by our staff: Your personal information is accessible only to those employees who have a need to know to perform their duties for Chaussures Le Pacha Inc.Our employees are trained to respect the confidentiality of personal information and to restrict their access to personal information that is essential for our commercial operations. Any employee who infringes the Privacy Policy is subject to disciplinary measures.

Privacy and security: Chaussures Le Pacha Inc.maintains physical, electronic and procedural measures in compliance with the requirements of federal and provincial legislation, including without being restricted thereto, the ARPPIPS and the PIPEDA, in order to protect your personal information. Notwithstanding the above, data, including emails and Internet communications, communications by network, telephone or by any other electronic means may be intercepted by unauthorized third parties. When you forward data by such means, you acknowledge and agree that Chaussures Le Pacha Inc.cannot be held liable for such interceptions made by unauthorized third parties.

Links to third-party websites

Some links in the Website may give you access to other websites that are not under the control or responsibility of Chaussures Le Pacha Inc. cannot in any case be held liable for the content of such links or of links within other links or of any change or update of such links. The content of third-party websites may be protected by copyright and is subject to the Conditions of Use and to any other condition established from time to time by the providers of such third-party websites. Chaussures Le Pacha Inc.is not liable for Internet broadcast, the installation of cookies or for any type of transmission received from third-party sites. Chaussures Le Pacha Inc.supplies these links to you for your convenience and the existence of a link does not mean that Chaussures Le Pacha Inc.endorses its content. In addition, these sites are controlled by their own controllers and not by Chaussures Le Pacha Inc.These controllers decide on the use to be made of the information received from their users.

Ownership

Everything that is posted or otherwise accessible on the Website, including among other things, articles, text, photographs, images, illustrations, logos, trade-marks, software and codes (together the “content”) is protected by Canadian and foreign law, especially for copyright, and belongs to Chaussures Le Pacha Inc., to its licensees or to the person acknowledged to be the supplier of the content. The Website is also protected under copyright legislation as a collection and/or a compilation within the meaning of Canadian and foreign law. You must abide by all copyright notices, information and restrictions in and about the content to which it is possible to have access through the Website. THE USE, REPRODUCTION, MODIFICATION, PUBLIC PERFORMANCE OR AVAILABILITY TO THE GENERAL PUBLIC, DOWNLOADING OR POSTING ON INTERNET, THE TRANSMISSION, REDISTRIBUTION OR OTHER OPERATION OF THE WEBSITE OR OF ANY CONTENT, IN WHOLE OR IN PART, EXCEPT AS SPECIFICALLY PROVIDED HEREIN, IS PROHIBITED EXCEPT TO THE EXTENT FOR WHICH YOU HAVE OBTAINED SPECIFIC AND WRITTEN PERMISSION FROM CHAUSSURES LE PACHA INC.For more certainty, your use of the Website for shopping and purchasing purposes is not covered by these prohibitions.

If the Website offers software downloading, unless otherwise specified, you will hereby receive, subject to i) these Conditions of Use and ii) other conditions that may apply to the downloading and use of this software, an exclusive, personal and unassignable licence i) for the installation and operation of a copy of this software in an object code format on a computer that is not part of a network used for personal and non-commercial purposes and ii) for the reproduction of the software to the extent reasonably necessary for its installation and operation and for the making of reasonable backup copies as authorized by law.

Trade-marks

Chaussureslepacha.ca, chaussurepiedestal.ca et chaussuresenfolie.ca, magasinchaussures.ca are trade-marks or registered trade-marks belonging to Chaussures Le Pacha Inc.

Other names, words, titles, sentences, logos, designs, graphic designs, icons and trade-marks posted on the Website may or may not be registered trade-marks of Chaussures Le Pacha Inc. or of third-parties. Even if Chaussures Le Pacha Inc.may use certain third-party trade-marks under licence, the posting of these third-party trade-marks on the Website may not be interpreted as a relationship or licence between Chaussures Le Pacha Inc.and the owner of the trade-mark in question or as an approval by Chaussures Le Pacha Inc.of the wares, services or activities of the owner of the trade-mark in question. Nothing on the Website may be interpreted as granting you a licence or a right to use any logo, design or trade-mark of Chaussures Le Pacha Inc.or of the owner of a third-party trade-mark without the written consent of Chaussures Le Pacha Inc.or of the owner of a third-party trade-mark.

No warranty

The Website and its content are offered as is. When you log on and use the Website, you acknowledge and agree that you do so entirely at your own risk. Chaussures Le Pacha Inc.does not make any statement or warranty about the Website and its content, namely including any statement or warranty about:

i) the accuracy, comprehensiveness, reliability or usefulness of the Website and/or its content;

ii) the merchantability or the specific use of the content, namely including any information, data, software, product or service contained in the Website or offered through the Website;

iii) the flawless and continuous operation of the Website;

iv) the correction of defects or mistakes in the Website;

v) the lack of any virus or harmful content of the Website; and

vi) the safe or uninterrupted transmission of communications by the Website.

Without restricting the generality of the foregoing, Chaussures Le Pacha Inc.does not give any warranty about the description and illustrations of the products offered or advertized on the Website, as such descriptions and illustrations are made for information purposes only. THE INFORMATION CONCERNING PRODUCTS, PRICES AND THE AVAILABILITY OF PRODUCTS FEATURED ON THE WEBSITE MAY CHANGE FROM TIME TO TIME WITHOUT ANY PREVIOUS NOTICE. YOU ACKNOWLEDGE THAT CHAUSSURES LE PACHA INC.IS NOT BOUND BY THIS INFORMATION AND THAT SUCH CHANGES TO THIS INFORMATION WILL NOT ENTAIL THE LIABILITY OF CHAUSSURES LE PACHA INC., NAMELY BECAUSE CERTAIN MODELS, COLOURS OR SIZES OF PRODUCTS MAY NOT BE AVAILABLE FROM TIME TO TIME.

Limited liability

Chaussures Le Pacha Inc.and its directors, administrators, employee(s), agents, mandataries, licensees, their respective successors and assigns will not in any case be held liable for any direct, special, indirect or accessory damages whatsoever (a “Damage”), specifically including any loss or damage of the nature of a business loss, a loss of savings, a loss of data and/or a loss of profits for any reason whatsoever and whether or not it is based on a contract (including the omission to perform an essential obligation), on these Conditions of Use, on civil liability (including negligence) or otherwise, even if Chaussures Le Pacha Inc.knew or should have known about the possibility of such damage.

Chaussures Le Pacha Inc.and its directors, administrators, employee(s), agents, mandataries, licensees and their respective successors and assigns may not be held liable in any way for any Damage resulting from an omission by Chaussures Le Pacha Inc.or by yourself to protect your password or account information.

If you decide to log on or to use a website linked to the Website, or content, material, software, goods or services linked from a website that is itself linked to the Website, you do so entirely at your own risk.

On-line registration

You may be prompted to register to be able to use certain Website functions. You i) agree to supply accurate information that is up to date, exact and complete about yourself in a registration form; and ii) to maintain and immediately update the information you supply to keep it current, precise, up to date and complete. If Chaussures Le Pacha Inc. has reasonable grounds to believe that this information is false, imprecise, not current or incomplete, Chaussures Le Pacha Inc. is entitled to suspend your right to access and use the Website (or part of it) or to terminate it. The use by Chaussures Le Pacha Inc. of any personal information that you have forwarded to it in the registration process is governed by the conditions in the Privacy Policy.

Password

In order to use certain Website functions, you may be required to have a user name and password which will be created in the Website registration process. You are required to ensure the confidentiality of the password and account and you are responsible for all of the activities conducted using your password or your account. You agree to immediately notify Chaussures Le Pacha Inc. of any unauthorized use of your password or of your account, as well as any other breach of security and to ensure that you log off from your account at the end of each session. Chaussures Le Pacha Inc. will not be held liable for any loss or damage resulting from the omission by Chaussures Le Pacha Inc. or by yourself to protect your password or account information.

Termination

Chaussures Le Pacha Inc. may at any time, without notice and in its entire discretion and without reason, terminate your right to log on and to use the Website (or part of it). Chaussures Le Pacha Inc.may also terminate your right to visit and use the Website or part of it if you infringe one of these Conditions of Use.

Conditions of Sale

The conditions of sale of the products featured on the Website are accessible by clicking here. You will be reminded of these conditions each time you make an on-line purchase and before such purchase is made. The present Conditions of Use which are not inconsistent with the Conditions of Sale are an integral part of said Conditions of Sale.

Jurisdiction and applicable law

Chaussures Le Pacha Inc.maintains and controls this Website from its office in Quebec, Canada. Unless specifically provided otherwise in the Website, your access to the Website and your use of it are governed and interpreted under the applicable Canadian federal legislation and under the laws of the province of Quebec. These Conditions of Use are deemed to have been agreed to in the province of Quebec and you hereby accept and irrevocably acknowledge the exclusive jurisdiction of the courts of the province of Quebec, sitting in and for the judicial district of Quebec in connection with these matters and waive any objection based on the lack of jurisdiction or any motion based on the notion of forum non conveniens. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods do not apply.

Severability

If any one of the provisions of these Conditions of Use were to be ruled invalid or inapplicable, this will not invalidate or render inapplicable the other provisions of the Conditions of Use.

No tacit waiver

The consent or the waiver by Chaussures Le Pacha Inc.to an express or implied omission by you of these Conditions of Use is not a consent or a waiver to any other different or subsequent omission.

Notices, complaints and communications

The notices that are required or allowed to be given under these Conditions of Use must be in writing and will be considered to have been validly given if they are sent by email or by registered mail to the following address:

Care of: Chaussures Le Pacha Inc.

Customer Service Department
320 St-Joseph Blvd.,
Gatineau, Quebec
J8Y 3Y8
Canada

Email: info@chaussureslepacha.ca

Copyright

Chaussures Le Pacha Inc. maintains the Website as a service to the Internet community. Unless specified otherwise, the copyright to all content (including the design, text, images, graphic design and layout) of this Website is the exclusive property of Chaussures Le Pacha Inc. You are authorized to use the content for your own purposes only and on condition that:

  1. The copyright notice and the limited licence for use appear on all copies of this material, and
  2. No modification is made to the content.

Use for any other purpose and any modification of the content is strictly prohibited.

NOTICE OF COPYRIGHT. Copyright © 2009 Chaussures Le Pacha Inc.All rights reserved.


CONTRACT OF SALE
Last updated: 07/11/2014

Preamble

The purchase of products from the Website of Chaussures Le Pacha Inc. At http:\magasinchaussures.ca (the “Website”) is governed by the following terms and conditions. These terms and conditions are a contract of sale (the “Contract”) between Chaussures Le Pacha Inc. and yourself (hereafter “you” or “yourself”) as soon as you complete an order for products on the Website and pay the purchase price pursuant to the conditions in section 4 of the Contract.

Chaussures Le Pacha Inc. may change the terms and conditions applicable to the sale of products through its Website without notice. However, the terms and conditions applicable to a specific purchase are those stipulated in the Contract, which are the ones applicable to the sale of products in force on the Website when your order is placed with Chaussures Le Pacha Inc. pursuant to section 10 of the Contract.

Except for any incompatible or contrary provision in the Contract, the provisions of the Conditions of Use, the Privacy Policy, the Delivery Policy and the Return Policy (the “Other Provisions”) apply to you as if they were reproduced at length in the Contract. You declare having read, accepted and being subject to them. However, the terms and conditions specified above have precedence over the Other Provisions.

1. SALE

1.1. The sale of a product you want to order from the Website will be completed only when you will have completed the order process (as explained below) and once you will have paid the purchase price according to the conditions of section 4 of the Contract.

2. SELLING PRICE

2.1. The selling price of a product is the price specified for that product on the Website when your order is placed with Chaussures Le Pacha Inc. pursuant to section 10 of the Contract.

2.2. Chaussures Le Pacha Incmay change the prices of the products it sells on its Website at any time. The prices posted on the Website may vary from the prices at independent merchants who advertise on the Website.

3. APPLICABLES TAXES

3.1. Provincial and federal sales taxes are in addition to the sales price.

4. CONDITION OF PAYMENT

4.1. Payment of a product is by Desjardins payment service.

4.2. In order to pay a product and applicable taxes, you must enter the following information in the secure payment zone of the Website: your Desjardins payment information.

5. DELIVERY

5.1. Chaussures Le Pacha Inc. shall have the products ordered delivered by Purolator to the address you will have specified with your order. Any specification as to the deadline for delivery is approximate and this deadline is not guaranteed by Chaussures Le Pacha Inc. Any omission to deliver will not entail liability for Chaussures Le Pacha Inc. in connection with any prejudice or damage to you, whether sustained directly or indirectly.

5.2. No deliveries shall be made to a post office box. Delivery shall be made only within the geographical limits of Canada. Delivery shall be made only if the delivery address is served by Purolator.

6. POSSESSION AND ASSUMPTION OF RISK

6.1. The products you purchase on the Website are delivered by Purolator, which is completely independent from Chaussures Le Pacha Inc.

6.2. When we hand the products you have ordered to Purolator, you become the owner thereof and assume the delivery risks (loss or damage during delivery).

6.3. In any case in which your package is lost in delivery and if your products are also damaged, your only recourse is against Purolator. Our Return Policy is not valid if the original packaging of the product is not in good condition.

6.4. If the original packaging is not in good condition when returning a defective or damaged product to Chaussures Le Pacha Inc., thereby implying that the defect or the damage to the product was caused during its delivery, Chaussures Le Pacha Inc. will be entitled to return the product to you and to keep its purchase price.

7. CUSTOMER’S DECLARATION

7.1. By completing an order, you represent to Chaussures Le Pacha Inc. that you are of a legal age to contract. It is strictly prohibited for children of less than fourteen (14) years of age to purchase products from the Website.

7.2. By completing an order, you represent to Chaussures Le Pacha Inc. that you are making your purchase on the Website strictly for personal use and not for the resale, distribution or marketing of these products to third parties. In addition, you declare that the personal information forwarded to Chaussures Le Pacha Inc. for invoicing purposes to complete a purchase is accurate. You also represent and guarantee that you are the duly registered holder of the credit card with which you are paying the purchase price and the applicable taxes on the products purchased.

8. DECLARATION BY CHAUSSURES LE PACHA INC.

8.1. Chaussures Le Pacha Inc. is a legal person incorporated under Part IA of the Companies Act (Quebec) with its head office at 320 St- Joseph Blvd., Gatineau, province of Quebec, Canada, J8Y 3Y8.

9. DESCRIPTION AND AVAILABILITY OF PRODUCTS

9.1. The descriptions and illustrations of the products offered or advertised on the Website are given only for information purposes. They may vary from the actual products offered. You agree and accept that such variations may occur and you acknowledge that Chaussures Le Pacha Inc. may not be held liable for any damages or loss in connection with such variations. Chaussures Le Pacha Inc. does not give any guarantee about these descriptions and illustrations. However, these variations do not involve the characteristics of the product you choose when ordering (for example, model, colour, size) and in case of an error in these features that you have ordered and in what you have received, you may return the product pursuant to the Chaussures Le Pacha Inc. Return Policy.

9.2. Information concerning products, prices and the availability of products may change from time to time without notice and without entailing any liability for Chaussures Le Pacha Inc. Occasionally, some models, colours or sizes may not be available from the time when you place your order and the time when the product ordered is to be delivered. Chaussures Le Pacha Inc. will not be liable for such.

9.3. If the product ordered is not available at the time of delivery, Chaussures Le Pacha Inc. will notify you by email. You will then have the choice of i) cancelling the sale and in that case Chaussures Le Pacha Inc., will reimburse you the complete purchase price paid or ii) requiring that Chaussures Le Pacha Inc. attempt to obtain that product from another of its suppliers, but in such a case you agree that Chaussures Le Pacha Inc. will not be liable if it does not succeed in obtaining it or in obtaining it within a reasonable time limit. In such a case your only recourse is to cancel the sale.

10. HOW TO ORDER A PRODUCT

10.1. To order a product, you will be prompted to specify the product features wanted from the options offered (model, colour or size). You must then place the product in your virtual shopping basket and go to the virtual cash register. You will then be prompted to supply certain information in an information entry screen. All you have to do is to follow the steps on your computer screen. Finally, you will then be prompted to pay the product purchase price and the applicable taxes.

10.2. In order to place a final order, you must first of all accept the other conditions and click on the “Submit Order” icon. BY CLICKING ON THIS ICON WITH YOUR CURSOR, YOU WILL BE COMPLETING THE ORDER PROCESS SHOWING THAT YOU ACCEPT TO PURCHASE THE PRODUCTS SPECIFIED IN THIS ORDER AND ACCEPT TO BE BOUND BY THE TERMS AND CONDITIONS OF THE CONTRACT AS WELL AS THE OTHER CONDITIONS.

11. WARRANTY

11.1. Chaussures Le Pacha Inc. does not give any warranty for the products featured on its Website. The only warranty applicable to the products is the warranty given by the manufacturer of the product. Please contact the Chaussures Le Pacha Inc. Customer Service Department for any question about the manufacturer’s warranty and the conditions for returning a defective product which would not otherwise be authorized under the Chaussures Le Pacha Inc. Return Policy.

12. CANCELLATION OF AN ORDER BEFORE DELIVERY

12.1. You may cancel your order FREE OF CHARGE only if the products you ordered have not already been entrusted to Purolator for delivery, by notifying the Chaussures Le Pacha Inc. Customer Service Department as specified in section 18 below.

13. PRODUCT RETURN

13.1. Product return is subject to the Chaussures Le Pacha Inc. Return Policy.

14. ACCURACY OF THE ORDER AND INVOICING

14.1. You are responsible to ensure the accuracy of the description of products (model, colour or size), of the price and all invoicing details and as the case may be, to correct any mistake or inaccuracy. If it is impossible to correct any mistake or inaccuracy, you must immediately advise Chaussures Le Pacha Inc. in writing pursuant to the provisions of section 18 of the Contract.

14.2. Once a final order is placed, you will receive a confirmation of your order together with the paid invoice and a digitized contract within fifteen (15) days. You must print a copy of this email to ensure the accuracy of the information mentioned in the confirmation of the purchase and to once again check the terms and conditions of the Contract that are applicable to you.

14.3. You have a time limit of thirty (30) days from the receipt of your invoice to have it corrected by Chaussures Le Pacha Inc. as long as you can show that there are errors or inaccuracies in your invoice. The information on your invoice will be deemed to be accurate at the expiry of this time limit.

15. ACCEPTANCE OF THE CONDITIONS OF THE CONTRACT AND OTHER PROVISIONS

15.1. You are deemed to have accepted all of the provisions of the contract and the Other Provisions when you complete the order process.

16. LIMITED LIABILITY

16.1. Chaussures Le Pacha Inc. and its directors, administrators, employees, mandataries, their successors and assigns will not in any way be held liable for any direct, special, indirect or accessory damages whatsoever, namely including any business loss, a loss of savings, of data and/or a loss of profits resulting from the products sold pursuant to the Contract or from the operations performed by the Customer on the Website, even if Chaussures Le Pacha Inc. knew or should have known about the possibility of such damage.

16.2. In any case in which Chaussures Le Pacha Inc. or its directors, administrators, employees, mandataries or their successors or assigns should be held liable for any reason whatsoever, the amount that may be claimed from them cannot exceed the amount paid by the Customer to Chaussures Le Pacha Inc. for the product on which the claim is based.

16.3. Paragraphs 16.1 and 16.2 may not apply to you due to laws governing consumer rights and public policy legislation which may apply to your situation.

17. TERRITORIAL LIMITS

17.1. Chaussures Le Pacha Inc. operates its business from its premises located in the province of Quebec. Chaussures Le Pacha Inc. only offers its products to persons domiciled in Canada. No sale will be made to a person domiciled outside of the territorial limits of Canada. Likewise, no delivery will be made outside of the territorial limits of Canada.

18. notice

18.1. Any notice, consent, or other communication pursuant to this Contract must be in writing and given in person by bailiff or by email and addressed as follows:

CHAUSSURES LE PACHA INC.
320 St- Joseph Blvd.,

Gatineau, Quebec
J8Y 3Y8
Canada
Email: info@chaussureslepacha.ca

18.2. A notice, consent or other communication addressed as specified will be deemed to have been given and received on the day it is entrusted to a bailiff (or if that day is not a business day, on the next business day) unless it is given or transmitted after 4:30 pm (Gatineau, Quebec) time)), in which case it will be deemed to have been given and received on the following business day. For the interpretation of the Contract, the term “business day” means any day of the year except for Saturdays, Sundays and the other days on which financial institutions are generally closed in Gatineau, Quebec.

18.3. Chaussures Le Pacha Inc. may change its address from time to time by updating it on its Website.

19. GENERAL PROVISIONS

19.1. The preamble is an integral part of this Contract.

19.2. For the interpretation of this Contract and to the extent required by the context, the use of the masculine gender includes the feminine and vice-versa and the singular includes the plural and vice-versa.

19.3. Unless specified otherwise, any amount of money mentioned is in Canadian dollars.

19.4. The fact that Chaussures Le Pacha Inc. does not insist on the full performance of an obligation in this Contract or does not exercise a right conferred on it under this Contract will not be deemed to be a waiver of the performance of this obligation or right. Any waiver by Chaussures Le Pacha Inc. of any of its rights under this Contract will be valid only if it is in writing and signed and this waiver will be valid only in connection with the rights and the circumstances specifically mentioned therein.

19.5. Every provision of this Contract is a distinct whole so that any ruling to the effect that one of its provisions if is null and void or unenforceable will not affect the validity of the other provisions or their enforceability.

19.6. This Contract is the complete agreement between the parties hereto and nothing may be changed or modified without their written consent.

19.7. This Contract is binding on the parties hereto as well as on their respective heirs, successors, legal representatives and assigns and is for their benefit.

19.8. This Contract is governed and interpreted according to the laws in force in the province of Quebec.

19.9. The parties irrevocably submit any litigation resulting from this Contract to the courts of federal and provincial jurisdiction sitting in the Judicial District of Quebec.


PRIVACY POLICY
Last updated: 07/11/2014

Policy Statement

Chaussures Le Pacha Inc. has a policy for the management of collection, use and disclosure personal information pursuant to the standards mentioned in the Personal Information Protection and Electronic Documents Act (Canada) and An Act respecting the Protection of personal information in the private sector (Quebec) (together the “Law”). In order to comply with the requirements of the Law and for the purposes of transparency and ethics, Chaussures Le Pacha Inc. has adopted a policy for the protection of personal information and privacy that it has committed to respect. In some cases personal information may be collected, used or disclosed without the knowledge of the person concerned and without his consent. These exceptions non-restrictively include personal information gathered (i) for legal, medical or security purposes, (ii) for the detection and prevention of fraud or for the application of the Law and (iii) for journalistic, artistic or literary purposes.

Chaussures Le Pacha Inc. may revise this Privacy Policy at its own discretion and at any time by merely updating this page. Use of the Website after such changes are posted will constitute an acceptance of this revised Privacy Policy.

Compliance with Law

Chaussures Le Pacha Inc. shall abide by the requirements of the Law governing any personal information, that is to say any information concerning a physical person and that allows identifying him or her.

Liability

Chaussures Le Pacha Inc. is responsible for the personal information which it manages and it has appointed a coordinator for the management of personal information who will ensure compliance with the Law.

Determining the uses of the information collected

The purposes for which the personal information is collected are determined by Chaussures Le Pacha Inc. before or during the collection of such information. As of the date of this policy, the purposes for which personal information is collected are as follows:

- Identify users and their place of residence;

- Identify the user’s language of correspondence;

- Complete the on-line sale of a product;

- Open an account in the name of a user who has applied for it;

- Register a user who has requested it on a mailing list of catalogues, promotions or other current information;

- Register a user who has made an application for a contest;

- Conduct polling among users who wish to participate to determine their habits, needs and tastes;

- Determine a user’s interests in order to optimize Website use.

Consent

Chaussures Le Pacha Inc. ensures every person is advised about any collection, use or disclosure of personal information which concerns that person and that he or she consents to it.

Restriction to collecting information

Chaussures Le Pacha Inc. collects personal information that is required only for the purposes it has determined above.

Restriction to the use, disclosure and storage of information

Personal information is not used or disclosed for purposes other than for which it was collected unless the person concerned consented thereto or if it is authorized under Law. Chaussures Le Pacha Inc. shall store personal information only as long as is necessary for the determined purposes.

In compliance with the above, Chaussures Le Pacha Inc. may disclose your personal information to third parties with whom it does business, that is to say:

i) To the financial or credit institution that is used for the on-line purchase of a product; and

ii) To suppliers of service to Chaussures Le Pacha Inc. who have entered into a contract which offers a comparable level of protection of personal information and who use the personal information for its business purposes with Chaussures Le Pacha Inc., especially for its administrative needs in communication, archiving and document management.

Precision

Personal information must be as precise, complete and up to date as required for the purposes for which it is to be used. Every user from whom Chaussures Le Pacha Inc. has collected personal information is entitled to modify his file to correct imprecise, incomplete or ambiguous information and to have outdated information struck out, as well as information that is not warranted by the purpose of the file or to make written comments and have them filed on record.

Safety measures

Personal information is protected by safety measures that correspond to their level of sensitivity.

Without restricting the generality of the foregoing, our Website has certain mechanisms and features which allow an enhanced protection of your personal information through the use of firewalls, electronic encryption or secure transaction sites. The orders you send us are hosted on a secure server. In addition, we use the services of Moneris TM, a firm specialized in electronic transactions to monitor the transaction zone of our Website.

Transparency

By posting this policy on its Website, Chaussures Le Pacha Inc. ensures that specific information about its policies and practices concerning the management of personal information are easily accessible to everyone. For any questions about this policy, please contact the Personal Information Management Coordinator, who is responsible for the Privacy Policy at Chaussures Le Pacha Inc. at the address or telephone number or fax number specified in the section entitled Notices, Complaints and Disclosure of Conditions of Use so we may answer as best as possible.

Access to personal information

Chaussures Le Pacha Inc. shall advise any person who requests it, of the existence of personal information that concerns him or her, of the use made of such information, whether it has been disclosed to third parties and shall allow that person to have access to such information. It is also possible to contest the accuracy and completeness of such information and to make the appropriate corrections.

Please note that access to your file containing your personal information is free of charge. However, we may require a reasonable fee for the reproduction and forwarding of personal information. As the case may be we will notify you ahead of time of the amount of these fees.

Possibility of making a complaint about the infringement of these principles

In case of the infringement of the above-mentioned principles, any person may complain to Chaussures Le Pacha Inc. by contacting the Privacy Policy Coordinator at the address or the telephone and fax numbers specified in the section entitled Notices, Complaints and Communications of the Conditions of Use.

Employee(s)

Each and every employee of Chaussures Le Pacha Inc. who collects, stores or uses personal information is required to ensure that the collection, use and disclosure of this information is done in compliance with this policy and the relevant procedures.

No storage of information outside of Quebec

Chaussures Le Pacha Inc. stores your information within the territorial limits of Quebec. However, the information collected for the payment of products is gathered by PayPalTM or by MonerisTM and is kept on their servers. Chaussures Le Pacha Inc. cannot guarantee that this information is not kept on servers located outside of Quebec or Canada and cannot be held liable for any prejudice resulting therefrom.

Other information and conditions concerning privacy and safety

We invite you to read the Conditions of Use of the Chaussures Le Pacha Inc. Website to know more about the conditions which apply to your use of the Website and to your personal information.


DELIVERY POLICY

Last updated: 07/11/2014

CHAUSSURES LE PACHA INC. shall have the products ordered delivered by Purolator to the address you will have specified with your order.

Delivery deadlines are as follows:

5-7 days Province QC

7-10 days Province ON

7-12 days for other provinces.

No deliveries shall be made to a post office box. Delivery shall be made only within the territorial limits of Canada.

Except for any provision specifically provided in the CHAUSSURES LE PACHA INC. Delivery Policy, the provisions of the Conditions of Sale continue to apply.


RETURN POLICY

Last updated: January 28th, 2015


Your entire satisfaction is our main objective. If you are not satisfied with your purchase for any reason whatsoever, you may return the products subject to the terms and conditions of the CHAUSSURES LE PACHA INC. Return Policy.

You have a time limit of fourteen (14) days from the date specified on the purchase invoice to return any product purchased from the Website, in its original packaging, together with the original of the purchase invoice in store or by mailing everything through Purolator counter and enclosing the return coupon that was sent with your purchase. The shipping fees will be deducted from your refund.

A returned product must not have been used and must be sent to us in its original packaging.
When purchased products are returned, a credit in the amount of the purchase will be applied to the credit card used for the transaction as soon as we will have received the product and checked its condition.

If a product purchased on our Website is defective and if you note this defect after having used the product or if you are past the 10-day time limit, please contact our Customer Service Department.

Unless specified otherwise in the CHAUSSURES LE PACHA INC. Return Policy, the other terms in the Conditions of Sale continue to apply.

For more information about policy, please contact the CHAUSSURES LE PACHA INC. Customer Service Department by email at info@chaussureslepacha.ca