General Policy : Terms and Conditions of Use Boutique OZIKO
Purpose of our General Policy :
Hello and welcome to our site and to Boutique OZIKO, our online store. The OZIKO Web site (the “site” or “the Site”) and the Boutique OZIKO (the “online store” or the “Online Store”) are the property of Gestion Son Image Inc., also known and doing business as "GSI Musique". The website and online store were created for your information, and only for personal and non-commercial use.
The following contains the General Terms and Conditions of Use of our site and online store. You will find important information, as well as the conditions that you must respect, and with which you must comply, during any visit, for any use, and those that are also applicable to any purchase of our products or items (the "Policy", "this Policy", the "Conditions", or the "Conditions").
While this list is not exhaustive, our policies, and the terms and conditions that you must abide by and consent to, have been grouped under the following Sections (broad themes), for your convenience:
- Your Warranties and Responsibilities;
- General Terms and Conditions of Use of our site and online store;
- Terms and conditions of purchase;
- Shipping and delivery;
- Warranty Exclusions and Indemnification;
IMPORTANT : You should read this Policy carefully. It contains provisions that govern your use of the Site and the Online Store, and the detailed terms and conditions for any orders or purchases you may wish to make. The terms and conditions contained herein may affect or restrict your rights.
Our General Policy and Terms and Conditions of Use is subject to change or may be modified from time to time. In all cases, changes will be posted on our site and by continuing to browse or use the site or our online store, you therefore agree to be bound by and comply with all such changes. Our site or online store may also be modified from time to time. By visiting or continuing your browsing or use of the Site or our online store, you agree to these changes.
This Policy applies to OZIKO, as well as its branches, affiliates, divisions, successors, and their employees, officers, agents and other representatives.
Your Warranties and Responsibilities :
The site and the online store are not intended for children. In all cases where you access our site or our online store, whether to browse, to use our products or services, to place an order or to purchase any of our available products, items or services, you represent and warrant that you are capable and of full legal age and that you are of legal age to enter into a purchase agreement and to be bound by its terms and conditions (depending on whether you are of legal age or of legal majority applicable in the territories of your place of residence).
If a child or minor under your care or control accesses or uses the Site, our Online Store, or makes an order or purchase, your consent also applies to that child or minor, and you are responsible for the acts or actions of that child or minor under your care.
You are solely responsible for the validity of any information that you transmit to us, whether it is for the opening of an account, your membership, a request to receive our newsletters, to participate in our promotional offers, our contests, or to order and offer to purchase one of our products or services. Thus, you are responsible for providing us with any information that may be required, such as your physical residence or delivery address, billing address, email address, URL or IP codes, and other information that is clear, accurate and valid. Any failure to do so may result either in delays in delivery, in the processing of any request or registration, or even in the cancellation of an order, registration or subscription. In such cases of defects, OZIKO shall incur no liability.
You guarantee that you are not a robot. You are solely responsible for the security of your URL, IP, or other identification or address, as well as for the security of your connection, your Internet environment and the equipment you use. Similarly, you are solely responsible for taking all measures to protect access to your account, the activities, use and operations that are or will be carried out there, any password and any other information about you that may be available, your equipment, computer, laptop, telephone or other, as well as any access to your connection or any network you use to visit our site or our online store, or to make any order, purchase or other transaction.
You are responsible for complying with and abiding by the laws of each jurisdiction from which you access our site, our online store or the materials that are made available to you. It is therefore your responsibility to ensure that the accesses you use, or those through which you access, comply with such laws.
You further warrant that you will refrain from committing, participating or encouraging illegal activities on our site or Online Store, and from doing, encouraging or otherwise participating in any of including, but not limited to, the following activities : any obscene or otherwise illegal use thereof, any violation any copyrights or any other intellectual property rights, any mistreatment, insult, slander or defamation, harassment, the submission or transfer of any false or misleading information, the collection, the communication or any other use of third party information, any activity intended for or resulting from the circumvention or bypassing of any Law, by-law, any of our policies or terms and conditions
You warrant that you will not create any hyperlinks or other links or redirections without our prior written consent, save and except for inclusion in your personal lists of "favorites" or as a bookmark to your personal sites or pages and social media.
You acknowledge that it is strictly forbidden to reproduce, copy, duplicate, sell, resell, rent or otherwise exploit our services, access, contacts or any other form of access through which our products and services are available, and you agree to refrain from doing so without our prior written consent.
OZIKO reserves the right, at any time and at its sole discretion, to block or refuse any access to the site or the online store, to terminate any account or subscription, interrupt any service, cancel any order, purchase or delivery, and take any other action, if, in OZIKO’s sole, you are in default, if you are using the site, the Online Store or any applications or services contained therein in an unlawful manner or for unlawful purposes, or any other misuse, or if you have failed, neglected or refused to observe and comply with your warranties and responsibilities, or in any case of breach of any Law, by-law, or that of our policies or conditions, subject to all of OZIKO’s other rights and remedies.
General terms and conditions of use
This Policy, as well as all other policies on our site or Online Store, apply to OZIKO, as well as its branches, affiliates, divisions, successors, and their employees, officers, agents and other representatives.
In view of the logistical and technical implications and the management difficulties that such mailings may cause, OZIKO unfortunately cannot accept to receive any proposal for your sound or audiovisual recordings, musical, audiovisual, visual or artistic works, or any other material that you may wish to propose to us for any use whatsoever, whether commercial or not. Please refrain from sending us this material, it will be automatically destroyed.
Certain links or hyperlinks to sites, web pages or media or social networks owned and operated by third parties may be present on our site or our online store. By clicking on these links, you will be redirected to them. As these sites do not belong to OZIKO and are not managed by OZIKO, OZIKO does not incur any liability with respect to the links, hyperlinks, sites and web pages, media or social networks of third parties. You may be subject to, and be deemed to have consented to, the policies or other terms of such third parties solely by your visit or presence on these third parties’ sites, pages or social media. You are solely responsible for complying with any policy or condition of such third parties. We therefore strongly recommend that you carefully read and inform yourself about any policies or conditions of use issued by these third parties.
All content and information available on our site and in our online store appear and are provided for information purposes only. If you choose to rely on it for any use or for any order or purchase, you do so at your own risk. Although we use our best efforts, the information, descriptions of products, services or applications available on our site, and prices may not be complete, accurate, or current, or may not accurately represent or reflect the information, descriptions of products, services or applications you will receive when making a purchase. You acknowledge that OZIKO is under no obligation to update any information. It is also possible that older information or descriptions may still appear and may no longer be valid or are out of date. Therefore, we cannot guarantee or certify the completeness, accuracy, or currency of the items described above.
Any visit or use of our site and those of our online store is at your own risk. You agree that our sole obligation to you is to provide the Site and the Online Store "as is" and to inform you of the products, services and applications that may be available from time to time.
Accordingly, you acknowledge that neither OZIKO, nor its affiliates, subsidiaries, employees, officers, directors, shareholders, agents or representatives, nor any person involved in the design, creation, production or implementation of our site or the online store shall be liable to you or to any third party for any general or special damages, damages, punitive damages, fines, penalties, or any loss of profits, data, or any loss of any other nature, whether direct or indirect, resulting or that may result from any use or visit, impossibility or denial of access to the site or the online store, or their reliability, regardless of whether they are based on an alleged breach of contract, fault or any other legal basis.
OZIKO, or any person or company that it may designate for these purposes, is entitled to monitor any access to the site or the online store, any activity that takes place on the site or the online store, as well as any transaction, order or purchase, at its sole discretion, and may intervene in any activity, transaction or otherwise if, in its sole judgment, it deems it necessary to do so, but is not obliged to do so. You agree to such monitoring and possible intervention.
Terms and conditions of orders and purchases
OUR SITE AND ONLINE STORE CONTAIN INFORMATION ABOUT THE AVAILABILITY OF OUR PRODUCTS, SERVICES, ITEMS OR APPLICATIONS ONLY. THESE APPEAR FOR INFORMATIONAL PURPOSES OF INFORMING YOU DO NOT CONSTITUTE, NOR SHOULD THEY BE CONSIDERED OR CONSTRUED AS A FORMAL OFFER TO SELL MADE BY OZIKO.
When you place and confirm any order, such confirmation constitutes an offer by you to purchase one of our products, services, items or applications which we may accept or decline. We remind you that any purchase must be made solely for personal and non-commercial purposes.
As with other Policies, OZIKO reserves the right to modify the terms and conditions of orders or purchases, and to modify all prices displayed from time to time. In all cases, the modifications will be posted on our site and by visiting or continuing your navigation or use of the site or our online store, or when you order or make a purchase of any of the products, services items or applications available, you agree to be bound by and comply with all such modifications.
You hereby authorize, acknowledge and agree that any exchange of E-mails, or other exchanges by electronic or computerized means between you and OZIKO, concerning either of an order, your offer to purchase a product, item, service or application, or any acceptance or confirmation by OZIKO, subject to its right of cancellation or refusal, is equivalent to and constitutes a valid and binding contract between you and OZIKO, without the need for a signed, written contract. You hereby expressly waive your right to the conclusion and signature of any such written contract.
We remind you that any description of our products, items, services or applications on our site and on our online store appears for information purposes only. It may happen that the images or photographs of the products or items you see and their description do not correspond 100% to what you will receive (among others, as examples only, colors, printing and general appearance). It is therefore possible to encounter some differences between the images that appear in our store and the items you will receive. This is beyond our control and OZIKO is not responsible for any possible differences between the photos, images or descriptions and what you will receive. Except in the case of items that are already damaged or broken upon delivery, and only in the cases and under which the conditions set out in our Return and Exchange Policy apply, OZIKO is not liable if a product, item, service or application does not meet your expectations.
All prices displayed on our online store are in Canadian currency and are subject to change or update. For orders and purchases made from outside of Canada, prices will be converted in currency applicable for each territory, and the exchange rate in effect, depending on the territory, will be applied at the time of confirmation and acceptance by OZIKO.
All currency conversion fees, as well as shipping and delivery charges and all sales taxes, when such sales taxes are payable depending on the territory, as well as customs and excise fees or taxes will be added to the final sale price. OZIKO reserves the right to correct or modify sales prices from time to time. You will receive confirmation of the total price (sales price, plus shipping and delivery charges, currency conversion fees, and taxes, if applicable) at the stage of your payment.
All products, services, items and applications appearing on our site and our online store are available in limited quantities. OZIKO reserves the right to control and limit inventories and available quantities at its sole discretion. Accordingly, it is possible that certain products, items, services or applications may be temporarily unavailable, discontinued or simply unavailable permanently. OZIKO shall not be held liable for any and all cases of unavailability or in the event that these are discontinued.
In the event of temporary unavailability, or if a product, item, service or application is discontinued or permanently or otherwise unavailable after acceptance and confirmation by OZIKO of your order or purchase, we will notify you by E-mail. In such cases, OZIKO may, if you so desire, maintain your order until the product, item, service or application becomes available again, or simply cancel it, at its sole discretion. In the event that your order is maintained, you acknowledge and accept that the shipping and delivery times will necessarily have to be extended. In the event of an outright cancellation by OZIKO occurring after confirmation and acceptance of your order, you will be reimbursed for the total purchase price (including shipping and delivery charges, conversion rates and applicable taxes, if any). You acknowledge and agree that in such cases of cancellation, the liability of OZIKO will be limited to the only refund described above.
You are sole responsible, and you must make sure to verify precisely the quantity, size, color and any other information on the product or item you wish to purchase, before completing your order and confirming your purchase. When you confirm your order, this confirmation constitutes an offer by you to OZIKO to purchase the product(s), item(s), service(s) or application(s). OZIKO shall not be bound by any such order until it has accepted and confirmed its acceptance, subject to its right to cancel, refuse, block or take other measures in accordance with this Policy.
You are also sole responsible for ensuring that you provide us with current, complete, valid and accurate information for any order, purchase and delivery, including your full name, confirmation that you are an adult and have reached the required legal age of majority, the physical delivery address, your email address and any other information necessary to complete any order or purchase.
You acknowledge and agree that OZIKO may refuse, cancel or block any order or purchase, in its sole discretion and for any reason, even after accepting and confirming it.
For example, but without limiting the generality of the foregoing, OZIKO may refuse, block or cancel any order or purchase if, in our sole discretion, we believe that such order or purchase is fraudulent, is made by a merchant, vendor, reseller, or distributor, by a robot, or if previous orders or purchases have already given rise to conflicts or other disputes with you or with any person acting for or through you, or using your account, if it is not really you (suspicion of identity theft). OZIKKO also reserves the right to confirm your identity and to carry out any verification concerning any information you provide us with, in particular to prevent fraud, illegal or unauthorized use, and to ensure our protection, as well as yours.
OZIKO does not manage or handle monetary, payment or other transactions. When you are at this stage of a monetary transaction, whether it be after making a purchase in our online store or on other occasions, as the case may be, you will be redirected to the sites or platforms provided for these purposes (PayPal or others). Consequently, as these monetary transactions and payments are not our responsibility, and as we are not involved, OZIKO does not access, collect or consult your banking information or details (bank account numbers, credit card numbers or other banking or financial information). We strongly recommend that you carefully review their policies before conducting your transactions.
You agree that your orders or any purchase of products, services, items or applications available on our site and in our online store are not subject to any provision of any decree, treaty, or international Law or agreement that may be applicable, including but not limited to the United Nations Convention on Contracts for the International Sale of Goods, the application of all of which is expressly excluded. For any order or purchase, you are solely responsible for complying with any export control laws and regulations, and OZIKO is fully exonerated from any responsibility in this regard.
Policies shipping and delivery terms and conditions
To ensure the safety and health of our employees, all orders and purchases must be made directly online from our site or online store. No orders or purchases made in person at our offices are accepted at any time. Please refrain from showing at our offices. OZIKO does not deliver or transport itself. These are contracted to third party specialized companies.
All product orders and purchases, once accepted and confirmed by OZIKO, will be delivered directly to the address provided, through the various companies we do business with. It is reminded here that shipping and delivery costs are added to your invoice. OZIKO in only responsible for packing and remitting to the delivery service. OZIKO's responsibility is limited to packaging and remittance to the various delivery services. You agree that you assume all risks, and that OZIKO shall no longer incur any liability, once the product or item is handed over to the company responsible for its delivery to the address you have provided. OZIKO is not responsible for theft or loss of any delivered or unclaimed items.
Although we will make every effort to ensure that you receive your purchases within a reasonable time, we will not be held responsible for delays resulting of the delivery territory, your geographic location, increased traffic or demand periods (Christmas and other holidays), and other circumstances beyond our willful control, such as, but not limited to, Force Majeure, Fortuitous events, earthquakes, fires, wars, labor disputes, strikes in transportation, postal services, pandemics, health crises or other similar events or situations over which we have no control, may delay, extend or otherwise alter delivery times. OZIKO cannot therefore guarantee precise delivery times for your purchases.
Please note that unfortunately, OZIKO cannot accept orders or ensure delivery of products in Alaska.
You are sole responsible for verifying the condition of any product or item you receive. It is important to make sure you check it immediately upon delivery. Please refer to our Exchange and Returns Policy which applies to any delivery of broken or severely damaged products or items that is available on our site and in our online store, in order to avoid any problems.
Disclaimer of Warranties Disclaimer of Liability and Indemnification
IN ADDITION TO THE DISCLAIMERS PROVIDED ELSEWHERE IN THIS POLICY, YOU AGREE TO THE FOLLOWING:
OZIKO makes no representations and provides no warranties of any kind, whether express, implied or of any other nature or form provided by law, regarding the security, reliability, functionality, absence of errors and uninterrupted access to its site, the online store or other platforms, web pages or social networks connected thereto and owned or controlled by it. OZIKO in no way guarantees that access to its site, its online store or the other platforms mentioned above, the information, tools, products, items, services and applications available, as well as the execution of all operations relating thereto, will be free of any defect, inaccuracy, problem or interruption.
All available products, service items or applications are presented and available "as is", according to their availability, and may contain some inaccuracies or imperfections in comparison with the information and descriptions concerning them. Any order or purchase is therefore made at your own risk. OZIKO makes no representation or warranty, whether express, implied, or of any other nature or form provided for by law, as to their value, market value, reliability, durability, as to any attribute or quality, functionality, or as to the absence of any error, description, appearance, color, or that they will meet all your expectations.
Despite all the measures taken and the best efforts we can devote to the protection, security or confidentiality of your personal information and data you may communicate to us, OZIKO cannot ensure or provide any guarantee on these matters. You therefore communicate and provide us with such information and personal information at your own risk. Nevertheless, OZIKO undertakes, in good faith, to use and deploy its best efforts to maximize their protection.
We remind you that OZIKO does not control and is not responsible for the practices, policies or operations of third parties, or their sites or pages that you may access or view through any link or hyperlink available on our site, or in our online store, including, but not limited to, those relating to personal information and data, or the manner in which it is collected, protected or used. Remember that when you are redirected to a third party’s site, you may be automatically subject to or bound by the policies, practices and operations of those third parties simply by accessing or browsing that site.
Your data and personal information may therefore be automatically obtained, used, communicated, and subject to their policies and practices. You are responsible for ensuring that you carefully review and revise any policies, practices or agreements offered on third party sites.
Since OZIKO has no control over any aspect or element concerning third party sites that you may be redirected to or you may enter, OZIKO is in no way responsible for any damage, loss, fraud, misuse, abuse, unauthorized use, any usurpation or appropriation, disclosure, communication or other unauthorized use of your data or personal information, resulting or that may result from your submission, consent or acceptance, express, implied, automatic or alleged, to any policy, condition, practice of third parties or their sites, web pages or platforms.
You hereby release OZIKO and its affiliates, branches, divisions, successors or assigns, employees, officers, directors, shareholders and representatives, from any and all liability of any nature whatsoever, for any loss of data, viruses or other damage to your equipment, for any damages, loss of profit, or loss of any other nature, to any damages, including, without limiting the generality of the foregoing, any property, moral, psychological, punitive or exemplary damages, general or special, or of any other nature, direct or indirect, that you, or any other person through whom you may act, have or could have suffered or to which you could claim, resulting of, or that may or could result, directly or indirectly, from your access, your use, your navigation on our site, our online store, or, as the case may be, those of any other platform, web page, site, any social networks or other environment that are or would be owned by, or managed by, or administered by or through OZIKO, its branches, divisions or affiliates, as well as with respect to any purchases, orders or downloads of any available products, items, services or applications.
Notwithstanding the foregoing, in the event that, despite the exclusions and limitations of liability set out above, OZIKO is held liable for any damage or loss, or in any other case of liability, you expressly acknowledge and agree that OZIKO’s responsibility, or that of its affiliates, branches, divisions, successors or assigns, employees, officers, its officers, directors, shareholders and representatives, will be limited to an amount that will never exceed one hundred dollars ($100.00 CAD), in Canadian currency, or, if applicable, if the amount is less, such liability will be limited to the price paid for the specific product, service, item or application that you purchased and to which the claim relates.
THE ABOVE DISCLAIMERS OF WARRANTIES, DISCLAIMER OF LIABILITY AND ABSENCE OF REPRESENTATIONS, AS WELL AS ALL THOSE CONTAINED ELSEWHERE IN THIS POLICY, AS WELL AS YOUR WARRANTIES AND RESPONSIBILITIES SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF ANY CONTRACT WITH OZIKO, FOR ANY REASON WHATSOEVER.
IF YOU DISAGREE OR ARE DISSATISFIED WITH THIS POLICY OR ANY OTHER POLICY ON OUR SITE OR ONLINE STORE, OR IF YOU REFUSE TO ABIDE BY IT, YOUR SOLE RECOURSE IS TO STOP USING OUR SERVICES OR ACCESSING OUR SITE OR ONLINE STORE, AND YOU ARE REQUESTED TO IMMEDIATELY LEAVE THE SITE OR ONLINE STORE, REFRAIN FROM USING IT, OR MAKE ANY ORDER, DOWNLOAD OR PURCHASE.
By browsing or using our site, our online store, or by ordering, purchasing or downloading anything from our site, our online store, you agree to defend and indemnify OZIKO, and its affiliates, branches, divisions, successors or assigns, employees, officers, directors, shareholders and representatives, from and against any and all liability, damages of any kind whatsoever, and from and against any and all losses of any kind, as well as any and all costs, fees and expenses (including reasonable attorneys' fees) that we may engage or incur, that we may suffer or claim, resulting from, or that may result from any claim, demand, proceeding or remedy based upon or relating to your browsing, your use of our site or our online store, or any order, purchase or download.
You acknowledge that in such cases, OZIKO may elect to assume alone its defence, at its sole discretion, but such election shall not affect your warranties described above. You shall not, under any circumstances, settle, propose or accept any offer of settlement without the prior written consent of OZIKO.
OZIKO's failure to exercise or enforce any right under the contract between you and OZIKO or to respond to any breach or default by you shall not, under any circumstances and for any reason, be construed as constituting or confirming a waiver by OZIKO to exercise any available right or remedy.