By using this website, you acknowledge that you have read and agree to be bound by the conditions listed in this document (Conditions) which constitutes a contract between you and DISTRIBUTION MAMYBLUE INC. These Conditions may be modified at any time by DISTRIBUTION MAMYBLUE INC. without notice. Please make sure to consult our Conditions of use each time you use this website to take note of any changes that may have been made. If our Conditions are not to your full satisfaction, please do not use this website.
In the following text, the term “user” refers to any person that accesses the web site www.tailleplussize.com owned and maintained by DISTRIBUTION MAMYBLUE INC. (Website), for on-line shopping, sending e-mail correspondence or any other use of this website. Online purchases on this Website are for individual customers acting in a purely private capacity.
This website is intended for personal and non-commercial use by adults only. If you use this website to purchase Products, you represent that you are of legal age to enter into any purchase agreement through this Website and become bound by its terms. If you are under the age of majority in the jurisdiction in which you reside, your parent of guardian must use this website on your behalf and you should not use the website on your own or provide any personal information to DISTRIBUTION MAMYBLUE INC. DISTRIBUTION MAMYBLUE INC. does not knowingly collect information from children under the age of 13.
- The products and services available through our website can be ordered only by persons who reside in Canada, for delivery in Canada. Our website is not intended for access or use outside these Territories.
- The www.tailleplussize.com website contains links operated by other companies’ websites. By clicking on these links, you may leave the Website. DISTRIBUTION MAMYBLUE INC has no control over the exploitation of other websites and the fact that they are listed on the Website does not in any way engage DISTRIBUTION MAMYBLUE INC.’s liability. Any personal information you transmit through these sites is subject to the policy of protection of personal information from these sites. We recommend that you pay particular attention to these sites’ policies to protect confidential information.
- DISTRIBUTION MAMYBLUE INC. shall maintain the privacy of all personal information collected from clients and users, such as, but not restricted to: name, address, telephone numbers, date of birth and purchasing information.
- The information gathered during your order will not at any time be disclosed to anyone without your explicit consent. DISTRIBUTION MAMYBLUE INC. will not sell its list of users, or permit any third party to consult it in any way whatsoever.
- The gathered information could be used to communicate with DISTRIBUTION MAMYBLUE INC.’s clients and website users to offer relevant information, products, services and rewards.
- If you want your name removed from our mailing list, please notify us via email at INFO@TAILLEPLUS.CA. DISTRIBUTION MAMYBLUE INC. will thrive to proceed with the withdrawal within three (3) business days.
- DISTRIBUTION MAMYBLUE INC. is not responsible for any text, image, video, audio, or any information, content or other materials you may introduce into or post through the Website or any other DISTRIBUTION MAMYBLUE INC. website including any DISTRIBUTION MAMYBLUE INC. pages on social networking websites and webpages such as Facebook, Twitter or YouTube (collectively, your "Material"). You acknowledge and agree that your Material does not necessarily reflect the views, ideas or opinions of the DISTRIBUTION MAMYBLUE INC. or any of its divisions, affiliates, subsidiaries, directors, officers, employees, agents, contractors and suppliers and that we disclaim any and all responsibility for any of your Material. You agree never to knowingly or otherwise introduce or post Material that is defamatory, libelous, slanderous, obscene, abusive, fraudulent, violates any other party's proprietary rights, promotes hatred or otherwise gives rise to a criminal offence or civil liability on the part of any person or entity or is otherwise unlawful or in contravention of applicable laws and regulations. You hereby agree to defend and hold DISTRIBUTION MAMYBLUE INC. harmless against all claims, damages, liability, losses or expenses resulting from or related to your Material. DISTRIBUTION MAMYBLUE INC. reserves the right to edit, alter or delete any Material at any time without prior notice. All Material must be solely for non-commercial, personal purposes and may be protected by applicable copyright laws.
- Other than your account information and your information needed to process orders, DISTRIBUTION MAMYBLUE INC. does not wish to receive Material from you that is confidential, secret or proprietary information.
- You acknowledge and agree that any Material which you provide including, but not limited to, your ideas, suggestions, comments and other feedback regarding your use of the Website or the Products, is not, except as may be required under applicable law, confidential, secret or proprietary.
- Furthermore, you acknowledge and agree that unprotected e-mail communication over the Internet is subject to possible interception, alteration or loss. You also represent and warrant that your Material and DISTRIBUTION MAMYBLUE INC.’s use of your Material as permitted in these Conditions, does not infringe the rights of any other person or entity.
- DISTRIBUTION MAMYBLUE INC. may monitor the access to the Website and other activities in relation to the Website and may intervene in this regard. However, DISTRIBUTION MAMYBLUE INC. makes no representation and gives no warranty to that effect. You consent to such surveillance and intervention, if DISTRIBUTION MAMYBLUE INC. ever decides to do it.
- If you register on the site for the purchase of Products, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and your account, and you agree to accept responsibility for all activities that occur under your account or password. DISTRIBUTION MAMYBLUE INC.reserves the right to refuse service, terminate accounts or cancel orders in its sole discretion.
- DISTRIBUTION MAMYBLUE INC. operates the Website from Montreal, Quebec in Canada. If you are using this site from another country or state, make sure that doing so does not violate any laws or regulations.
- The user agrees to the sole and exclusive jurisdiction of the courts of the Province of Quebec, CANADA, and to the application of the laws of the Province of Quebec, CANADA, with respect to choice of law principles. IT IS A STRICT CONDITION THAT YOU CONSENT TO SUCH EXCLUSIVE FORUM FOR ALL DISPUTES AND CLAIMS FAILING WHICH DISTRIBUTION MAMYBLUE INC. WOULD NOT AGREE TO SELL YOU PRODUCTS.
- If you place an order, you must ensure that you comply with the laws that are in force in your particular province.
- DISTRIBUTION MAMYBLUE INC. attempts to be as accurate as possible in describing all Products available for sale and/or distribution by the Company. However, the Company does not warrant that Product descriptions or other content of this website are accurate, complete, reliable, current or error-free.
- The availability of certain Products may be limited, and Products may not be available for immediate delivery. DISTRIBUTION MAMYBLUE INC. may revise or cease to make available any Products at any time without prior notice. In the event that DISTRIBUTION MAMYBLUE INC. is unable to deliver to you a Product ordered due to lack of availability, DISTRIBUTION MAMYBLUE INC. will notify you via e-mail and your order will be automatically cancelled with respect to such unavailable Product, provided that DISTRIBUTION MAMYBLUE INC. may, in its sole discretion, contact you in order to allow you to maintain your order subject to a revised delivery time if and when the Product becomes available.
- Sale prices displayed on the Website may differ from those offered in stores operated by DISTRIBUTION MAMYBLUE INC. DISTRIBUTION MAMYBLUE INC. reserves the right to modify at any time the price of products offered on the Website without notice.
- DISTRIBUTION MAMYBLUE INC. limits orders on its website at the sum of $ 1,500 before taxes by transaction.
- DISTRIBUTION MAMYBLUE INC. may show Products on its Website that cannot be purchased from its Website, but only in its stores.
- DISTRIBUTION MAMYBLUE INC. reserves the right, at its sole discretion, to limit quantities, terminate accounts and to refuse or cancel an order, including after the order has been placed, whether it was or was not confirmed or accepted or charged to your credit card. If your order is canceled after your payment has been processed, DISTRIBUTION MAMYBLUE INC. will fully reimburse you.
- Material on the Website, including but not limited to texts, images, illustrations, software, audio clips and video clips, is owned or otherwise provided by DISTRIBUTION MAMYBLUE INC., and DISTRIBUTION MAMYBLUE INC. does not represent or warrant that such material does not infringe the rights of any other person or entity. The material on the Website is protected in Canada and in other jurisdictions by the Copyright Act and by virtue of the applicable international treaties. Consequently, the material on the Website may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, including but not limited to text, audio or video, without the prior written consent of DISTRIBUTION MAMYBLUE INC. Trademarks, logos and service marks (collectively, "Marks") displayed on the Website are registered or unregistered Marks of DISTRIBUTION MAMYBLUE INC. or others, are the property of their respective owners, and may not be used without written permission of the owner of such Marks. Nothing in the Website is to be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act. Notwithstanding the foregoing, DISTRIBUTION MAMYBLUE INC. authorizes you to make one electronic or paper copy of the information posted on any page of the Website provided that the copy is used solely for non-commercial, personal purposes and, in each and every case, provided that any such copy remains protected by all copyright, trademarks, service marks and other proprietary notices and legends contained on such website. This license does not include any resale of the Website or its contents; any collection of product listings, descriptions or prices; any other derivative use of the Website or its contents; any downloading or copying of information for the benefit of any merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any page on the Website or any trademark, logo or other proprietary information (including images, text, page layout, or form) of DISTRIBUTION MAMYBLUE INC. without express written consent of DISTRIBUTION MAMYBLUE INC. You may not use any meta tags or any other "hidden text" utilizing DISTRIBUTION MAMYBLUE INC.'s name or trademarks without the express written consent of DISTRIBUTION MAMYBLUE INC. Any unauthorized use of the Website and/or its contents terminates the permission or license granted by DISTRIBUTION MAMYBLUE INC. Except as otherwise may be expressly provided herein, nothing contained in these Conditions shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of DISTRIBUTION MAMYBLUE INC. or any other person or entity.
- DISTRIBUTION MAMYBLUE INC. may employ cookies to track your activities on the Website. Cookies may store a variety of information regarding consultation of a website (number of visits, preferences, pages visited etc.).
- These Conditions shall inure to the benefit of and be binding upon each of the parties hereto and their respective successors and permitted assigns.
- If any one of these conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
- The failure of DISTRIBUTION MAMYBLUE INC. to enforce any provisions of these Conditions or to respond to a breach by you or any third party of these Conditions shall not in any way waive the right of DISTRIBUTION MAMYBLUE INC. to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.
- Products sold or delivered under this Agreement shall be subject to export control laws and regulations of Canada. You agree to comply at all times with all such laws and regulations. You hereby agree to indemnify, defend and hold DISTRIBUTION MAMYBLUE INC. harmless against all claims, damages or liability resulting from breach of the foregoing.
- These Conditions constitute the entire agreement between you and DISTRIBUTION MAMYBLUE INC. with respect to the use of the Website and any transaction conducted on or from the Website and its contents, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by DISTRIBUTION MAMYBLUE INC. making such amendments or modifications available to it pursuant to the terms hereof.
- You may not assign your rights or obligations herein without the express written consent of DISTRIBUTION MAMYBLUE INC.
- DISTRIBUTION MAMYBLUE INC. reserves the right, at its sole discretion, to terminate your access to all or any part of the Website, with or without notice.
- DISTRIBUTION MAMYBLUE INC. accepts the following payment methods:
SECURITY AND PRIVACY NOTICE
CHOICE OF LAW AND EXCLUSIVE FORUM FOR RESOLUTION OF DISPUTES
- The payment will be processed immediately when the order is placed.
- Delivery of the goods shall be processed when DISTRIBUTION MAMYBLUE INC. has received full payment for these goods, including taxes and transportation costs.
- If we do not have in stock all or part of your order, we will immediately deliver the products available and we will deliver the out-of-stock portion as soon as possible. DISTRIBUTION MAMYBLUE INC. also reserves the right to make product substitutions, replacing products out of stock, at no additional cost to the user. Replacement products will be selected from similar products from similar range and brands, whose sales price cannot be lower than the price of the product out of stock. Please note that orders for the out-of-stock product (s) placed with our suppliers and exceeding 60 days will be canceled without any notice. DISTRIBUTION MAMYBLUE INC. shall under no circumstances be responsible for any damage you may suffer due to a product being out of stock.
- Transport and delivery costs, as well as sales taxes, are extra. Customs duties and brokerage fees, if any, are the responsibility of the user and could be claimed by a third party (such as Fedex, Purolator, etc.). Make sure your contact information is correct and that you have selected the correct currency in order to get the price that suits your situation.
- DISTRIBUTION MAMYBLUE INC. ships the goods overland via Purolator or any other major carrier. Delivery throughout metropolitan areas may take two (2) to ten (10) working days. Delays and shipping costs may vary depending on the destination of the shipment, the method of delivery chosen and the availability of products. Delivery times are estimated from the time the goods leave the place of business. DISTRIBUTION MAMYBLUE INC. cannot be held responsible for any damage that may result from possible longer delivery delays. For rural areas, this period may be longer or require you to take delivery of the goods to a place of deposit. All additional shipping costs resulting from inaccessibility of the place of delivery are the responsibility of the user.
- DISTRIBUTION MAMYBLUE INC. does not insure the shipment and risk of loss or damage is the sole responsibility of the user. However Purolator warrants goods against any loss or damage up to one hundred dollars ($ 100.00). Additional insurance can be purchased for 3.25% of the residual value of goods shipped (optional at the time of closing of the order).
- Please note that all indicated delivery fees (including the gratuity when applicable) exclude the Northwest Territories, Yukon, Nunavut and rural areas. Any order placed from one of the above regions in Canada will be reviewed by our shipping department and the user will be informed of any additional shipping costs, if applicable, before shipping.
- You must inspect the goods upon delivery and immediately notify the carrier of any damage.
- If the merchandise is defective, please also notify DISTRIBUTION MAMYBLUE INC., at the latest within three days of the date of delivery, by email at INFO@TAILLEPLUS.CA, under the subject "FAULTY GOODS", for indications on how to proceed. DISTRIBUTION MAMYBLUE INC. reserves the right to refuse any request for refund or other for defective goods that is not notified to DISTRIBUTION MAMYBLUE INC. within 3 days of the date of delivery.
- If you want to return to DISTRIBUTION MAMYBLUE INC. Products ordered on our Website, you must notify DISTRIBUTION MAMYBLUE INC., within 10 calendar days of the date of delivery, by email at INFO@TAILLEPLUS.CA, under the subject "RETURN". Any request made after the specified time in this section will not be considered.
- Within two (2) business days of your request for return, DISTRIBUTION MAMYBLUE INC. will contact you to determine the return modalities. The shipping costs will be borne by you. DISTRIBUTION MAMYBLUE INC. may authorize the return of goods to be made at its stores in Montreal, Quebec or Sherbrooke.
- Depending on the circumstances, DISTRIBUTION MAMYBLUE INC. reserves the right to charge a 25% return fee, which will be deducted from the amount to be refunded.
- DISTRIBUTION MAMYBLUE INC. will not accept returns if the item is not returned in its original packaging or does not contain any and all accessories attached to the goods such as labels, presentation cards, washing instructions or other.
- All returns will be subject to a careful inspection, knowing that additional charges may be imposed by DISTRIBUTION MAMYBLUE INC. for damaged Products.
- The refund can take up to ten (10) business days following receipt and inspection of goods and is usually done by reimbursement to the account used for payment of the order. There will be no refunds made in cash. A credit or gift certificate valid at any branch of DISTRIBUTION MAMYBLUE INC. may be requested at no additional charge.
- THE WEBSITE AND ITS MATERIALS ARE PROVIDED AS IS, WITHOUT WARRANTY, EXPRESS OR IMPLIED.
- SUBJECT TO ANY PUBLIC ORDER LEGISLATION TO THE CONTRARY, DISTRIBUTION MAMYBLUE INC. ACCEPTS NO LIABILITY AND GIVES NO WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- DISTRIBUTION MAMYBLUE INC. MAKES NO REPRESENTATION REGARDING THE USE, DOWNLOADING, VALIDITY, ACCURACY OR RELIABILITY OF THE CONTENTS REPRODUCED ON THE WEBSITE OR THE RESULTS FROM THE USE OF SUCH ELEMENTS.
- ALTHOUGH DISTRIBUTION MAMYBLUE INC. DOES EVERYTHING POSSIBLE TO ENSURE THAT THE WEBSITE CONTAINS NO ERROR, DISTRIBUTION MAMYBLUE INC. DECLINES ANY LIABILITY FOR ANY ERRORS THAT MAY APPEAR ON THE WEBSITE. ITS AFFILIATED COMPANIES, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGE RELATED DIRECTLY OR INDIRECTLY TO THE USE OF THE WEBSITE, INCLUDING LOSS OF DATA OR PROFITS ARISING OUT OF USE OF THE ELEMENTS OF THE WEBSITE OR INABILITY TO USE SUCH ITEMS.
- DISTRIBUTION MAMYBLUE INC. MAKES NO REPRESENTATION OR WARRANTY REGARDING THE FUNCTIONALITY, THE GOOD WORKING ORDER OR CONDITION OF THIS WEBSITE, ITS SUITABILITY FOR USE, OR THAT ITS USE, OR ANY INFORMATION OR MATERIAL, INCLUDING ANY DOWNLOADABLE SOFTWARE, ACCESSED FROM OR THROUGH THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. DISTRIBUTION MAMYBLUE INC.DOES NOT REPRESENT, WARRANT OR UNDERTAKE THAT ANY ERRORS ON OR RELATING TO THIS WEBSITE WILL BE CORRECTED, OR THAT ANY SERVER FROM WHICH THE WEBSITE IS OPERATED IS OR WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
- EXCEPT AS EXPRESSLY PROVIDED FOR THESE TERMS, THIS WEBSITE AND ALL MATERIALS, PRODUCTS AND INFORMATION PROVIDED THROUGH OR ON THIS WEBSITE ARE PROVIDED TO YOU ON AN "AS IS", "WITH ALL FAULTS" BASIS AND DISTRIBUTION MAMYBLUE INC. DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION
EXCLUSION AND DISCLAIMER OF WARRANTIES
52.1. WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE TRANSACTIONS, PRIVACY, OR SECURITY;
52.2. ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION; OR
52.3. MERCHANTABILITY, QUALITY, TITLE, DURABILITY, SUITABILITY, NON-INFRIGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
- THESE EXCLUSIONS ARE IN ADDITION TO ANY SPECIFIC EXCLUSION OTHERWISE PROVIDED IN THESE TERMS.
- DISTRIBUTION MAMYBLUE INC. ATTEMPTS TO BE AS ACCURATE AS POSSIBLE IN DESCRIBING ALL PRODUCTS AVAILABLE FOR SALE AND/OR DISTRIBUTION BY DISTRIBUTION MAMYBLUE INC.. HOWEVER, DISTRIBUTION MAMYBLUE INC. DOES NOT WARRANT THAT PRODUCT DESCRIPTIONS OR OTHER CONTENT OF THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DISTRIBUTION MAMYBLUE INC. BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO, ANY LOST DATA, LOST PROFITS, LOST SAVINGS, LOSS OF GOODWILL, LOST BUSINESS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA. ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE MATERIALS OR INFORMATION PROVIDED THROUGH THIS WEBSITE, THE PRODUCTS, OR THE TRANSACTIONS CONDUCTED ON OR FROM ANY COMPANY WEBSITE, EVEN IF DISTRIBUTION MAMYBLUE INC. OR ANY OF ITS LAWFUL AGENTS, CONTRACTORS, EMPLOYEES OR MANDATARIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
- IN PARTICULAR, AND WITHOUT LIMITING THE PRECEDING PARAGRAPH, IN NO EVENT WILL DISTRIBUTION MAMYBLUE INC. BE LIABLE TO YOU FOR DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF: TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, DISTRIBUTION MAMYBLUE INC.'S CONTRACTORS, THE INTERNET BACKBONE, THIRD-PARTY SUPPLIERS OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS, MANDATORIES OR SUBCONTRACTORS, OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF THE COMPANY.
- IF, DESPITE THE LIMITATIONS ABOVE, THE COMPANY IS FOUND LIABLE FOR ANY DAMAGE OR LOSS IN CONNECTION WITH THIS WEBSITE, IN NO CASE WILL THE COMPANY'S TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) BE MORE THAN THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCTS ORDERED UNDER THIS AGREEMENT AND TO WHICH THE CLAIM RELATES.
- IF YOU ARE DISSATISFIED WITH THE TERMS OF THIS WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AND ACCESSING THIS WEBSITE.
- THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT.
- If any one of these conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
- These Terms, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and the Company with respect to the use of this website and any transaction conducted on or from this website and its contents, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by the Company making such amendments or modifications available to it pursuant to the terms hereof.
- The Company reserves the right, at its sole discretion, to terminate your access to all or any part of this website, with or without notice.
- These terms and any supporting or ancillary documents are drafted solely in English. A French version of these Terms is available here