Atelier Terms and Conditions

 

Atelierboutiques.com (the “Site”) is an online marketplace (“Marketplace”) where we provide you access to artisan products and vendors from that we have carefully curated from within Canada and beyond. The Site and Marketplace are owned and operated by Edible Heritage Technologies Inc.

Accessing, browsing, shopping or purchasing products through the Site is subject to our Terms and Conditions. Please read these terms and conditions before proceeding as using this Site and purchasing items from the Marketplace is your deemed acceptance and agreement to abide by the Terms and Conditions.

For the avoidance of doubt, policies referred to in these Terms and Conditions shall form part of our entire Terms and Conditions.

Using AtelierBoutiques.com

Subject to the Terms and Conditions, Atelierboutiques.com grants you a revocable, non-transferable and non-exclusive licence to access and use the Site only for purpose of browsing content and/or shopping for items sold on our Marketplace for personal use only.  Use of this Site for commercial use or use on behalf of a third party, reproducing content, information or material that violates any applicable laws or these Terms and Conditions is not permitted without the express prior consent of Atelierboutiques.com.

While we utilize a secure server, and our Site is protected by a secure socket layer encryption, Atelierboutiques.com shall not be responsible for any breach of your secure information if there has been a failure of these Terms and Conditions by you.

Prior to making any purchase through the Site and Marketplace, you shall be solely responsible for carrying out proper investigations on the suitability of the products you purchase through the Marketplace in particular relating, but not limited to, food or other ingredient sensitivities and any contraindications or harm a product may cause to you medically.

If reasonable cause is determined by Atelierboutiques.com it reserves the right to terminate your account.

Prohibited Uses of Site

Harassment in any form on the Site, including via email, or by use of obscene or abusive language is strictly prohibited. Impersonating of others, including Atelierboutiques.com or its vendors as well as other visitors or members of the Site is prohibited.

You shall not upload to distribute or other publish through the Site any content that is libelous, defamatory, obscene, threatening, invasive, discriminatory or otherwise objectionable which may constitute a criminal offense or violate the rights of any party or any law.

You shall not upload commercial content on the Site or use the Site content to solicit other to join or become members of any other commercial online service or organization.

Subject to the Terms and Conditions, reproduction or downloading of any part of the Site content, including but not limited to text, graphics or code for the commercial or other objectionable use is strictly prohibited.

Electronic Communications

In accordance with the Canada Anti-Spam Law (CASL), by subscribing to our newsletters, pop-up shop or to receive any other email communication from Atelierboutiques.com, you are consenting to us sending you such communications.

You agree that all email communication between you, our vendors and Atelierboutiques.com satisfies any legal requirement that such communications be in writing.

Shipping & Returns Policy

Please refer to our Shipping and Returns Policy on our FAQ page.

Privacy Policy

Please refer to our Privacy Policy for further details on this policy.

Reservation of Rights

Atelierboutiques.com reserves the right, without prior notice to you, to:

  • Change or amend any of the Terms and Conditions including all Policies referenced herein at any time and in its sole discretion;
  • Terminate your account with reasonable cause;
  • Terminate your subscription for the pop-up shop with reasonable cause;
  • Revoke the licence it has granted you to use the Site with reasonable cause;
  • Refuse or cancel any order if the credit card used for purchase cannot be appropriately verified;
  • Refuse to facilitate or become involved in the resolution of any dispute between you and a vendor relating to a damaged, incorrect, or missing order.

Disclaimer

Atelierboutiques.com makes no representation, warranty whether express or implied as to the merchantability, accuracy or currency of products and their descriptions, fitness for use, labeling of products, compliance with product applicable regulations or any other components that are the sole responsibility of each vendor on the Site.

Limitation of Liability

Subject to applicable law, Atelierboutiques.com, its subsidiaries, affiliates, directors, officers, employees and agents disclaim all liability to you or any other person for (a) any direct, indirect, punitive or consequential damages arising out of or in connection with these Terms and Conditions and your use of the Site (b) any damages or claims arising from the purchase or use of products via the Site (c ) any claims associated with personal injury and/or death arising from the use of products purchased from third party vendors on the Site and (d) any claims based on the reliance by you on any information obtained from the Site, any mistakes, omissions or delays or failure in service or performance.

Indemnity

You agree to indemnify and hold the Company, its subsidiaries, directors, employees, agents and shareholders (collectively the “Indemnified Parties”) harmless from any and all claims or demands, including reasonable legal fees,  resulting from or arising out of  your breach of these Terms and Conditions, your use of the Site, your purchase and subsequent use of the products using the Site, any activity related to your account (including negligent or wrongful conduct) by you or any other person using your account or your violation of any law or rights of a third party.

Copyright & Intellectual Property Rights

All content on Atelierboutiques.com such as text, graphics, logos, buttons, audio clips, digital downloads, photos, software and code is the property of Atelierboutiques.com or its content suppliers and duly protected by Canadian copyright laws.  ALL RIGHTS RESERVED.

Permission is hereby granted to you to electronically copy and print hard copy portions of this Site for the sole purpose of placing an order with Atelierboutiques.com. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Site solely for your own non-commercial use, or to place an order through the Site or Marketplace. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited, unless authorized by Atelierboutiques.com. You further agree not to change or delete any proprietary notices from materials downloaded from the Site.

Third Party Links

Atelierboutiques.com may link to the website of vendors, affiliated companies, individuals or other businesses (“Other Sites”). The Inclusion of any Other Site on the Site or Marketplace does not imply approval or endorsement of such linked Other Site by Atelierboutiques.com. When you access these Other Sites, you do so at your own risk, and you are strongly encouraged to read the terms and conditions and any policies on those Other Sites prior to use thereof.

You agree that Atelierboutiques.com:

  • Takes no responsibility for any material whatsoever from Other Sites;
  • Makes no representation or warranty as to the accuracy, suitability or currency or otherwise of material on the Other Sites;
  • Will not be responsible for any loss or damage incurred to you as a result of your use of Other Sites or vendor’s use of your personal information.

Termination

The Terms and Conditions are applicable to you upon your accessing the Site and Marketplace. The Terms and Conditions or any part of them may be terminated by Atelierboutiques.com without notice at any time for any reason. The provisions relating to Copyrights & Intellectual Property Rights, Disclaimer, Limitation of Liability and Indemnification shall survive any termination.

No Agency

Atelierboutiques.com is a provider of the Marketplace and your use of the Site or Marketplace does not create any agency, partnership, employer-employee, franchiser-franchisee or other similar relationship between Atelierboutiques.com and you.

Severability

If any part of the Terms and Conditions is held to be invalid or unenforceable in whole or in part, all other provisions shall continue to remain valid and enforceable. The failure of Atelierboutiques.com to exercise or enforce any provision of the Terms and Conditions shall not operate as a waiver of such right or provision.

Entire Agreement

These Terms and Conditions, included any terms or policies (including but not limited to the Privacy Policy and Shipping and Returns Policy) constitute the entire agreement of the parties and supersedes all prior oral or written representations, understandings or agreements of the parties hereto.

Governing Law

Your use of this Site shall be governed in all respects by the laws of Alberta, Canada, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of products through the Site and Marketplace) shall be in the courts located in Alberta, Canada. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises. Atelier’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions.

Contact

Carolyne Kauser-Abbott

Founder

shop@atelierboutiques.com

Continuous Use Provision

Atelierboutiques.com does not guarantee continuous, uninterrupted access to the Site or operation of the Site nor does it make any representation, warranty of any kind express or implied that the Site or any other communication from the Site will be error-free, uninterrupted or free from viruses or any other operational issues. Atelierboutiques.com shall not be liable for any damages arising from your inability to use the Site.

 

 

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