TERMS AND CONDITIONS
TERMS AND CONDITIONS
Introduction
Welcome to http://www.aunoir.com, the official online store of AU NOIR (hereinafter the "AU NOIR Site" or "Site"), operated by EcoUniform - 9398-9341 Quebec Inc. (hereinafter referred to as "AU NOIR," "we," "us," "our," or "EcoUniform"). The following terms and conditions and all other terms and conditions, agreements, or policies on the Site govern your access to and use of the AU NOIR Site and the sale of products offered on the AU NOIR Site.
Copyright
The entire content included on this Site, including, but not limited to, text, graphics, or code, is copyrighted as a collective work under United States and other copyright laws and is the property of AU NOIR. The collective work includes works licensed to AU NOIR, ALL RIGHTS RESERVED. Permission is granted to electronically copy and print portions of this Site solely for the purpose of placing an order with AU NOIR. 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 various areas of the Site solely for your own non-commercial use or to place an order with AU NOIR. 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 AU NOIR. You further agree not to modify or delete any proprietary notices from materials downloaded from the Site.
Trademarks
The registered and unregistered trademarks and logos displayed on the AU NOIR Site, including, without limitation, AU NOIR, the AU NOIR logo, and all derivative marks, are the property of AU NOIR or its affiliates. The domain names of the AU NOIR Site are domain names registered in the United States and other countries and owned by AU NOIR or its affiliates.
These and any other trademarks, service marks, and trade dress of AU NOIR or its affiliates, including, but not limited to, any mark incorporating the marks listed above or the domain names of the AU NOIR Site, may not be used by you in connection with any product or service that does not originate from AU NOIR, in any manner likely to cause consumer confusion, or in any manner that disparages, discredits, or tarnishes AU NOIR or dilutes the distinctive character of these marks.
All other trademarks, service marks, and trade dress not owned by AU NOIR or its affiliates that appear on the AU NOIR Site are the property of their respective owners ("third-party owners"), who may or may not be affiliated with, connected to, or sponsored by AU NOIR or its affiliates.
AU NOIR, its affiliates, and all third-party owners are entitled to the exclusive use of their respective trademarks, service marks, and trade names.
You are not authorized to use the trademarks, service marks, and trade names appearing on the AU NOIR Site in any manner or for any purpose without the prior express written consent of AU NOIR or the respective third-party owner, as applicable. .
Warranty Disclaimer
This Site and the materials and products on this Site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permitted by applicable law, all warranties, express or implied, are disclaimed, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. AU NOIR does not represent or warrant that the functions contained on the Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes the Site available is free of viruses or other harmful components. AU NOIR makes no warranties or representations regarding the use of the materials on this Site in terms of accuracy, correctness, adequacy, usefulness, timeliness, reliability, or otherwise. Some states do not allow limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
AU NOIR or EcoUniform shall not be liable for any special or consequential damages arising from the use of or inability to use the materials on this Site or the performance of the products, even if AU NOIR has been advised of the possibility of such damages . Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Although AU NOIR continues to make every effort to ensure that the photographs displayed on the AU NOIR Site are faithful reproductions of the original products, variations may occur due to your computer's technical and color-resolution characteristics. AU NOIR shall not be liable for any discrepancies in the graphical representations of AU NOIR products displayed on the AU NOIR Site due to the technical issues mentioned above.
Typographical Errors
If a product is mistakenly listed at an incorrect price, AU NOIR reserves the right to refuse or cancel any order placed for a product listed at the incorrect price. AU NOIR reserves the right to refuse or cancel such orders, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, AU NOIR will issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions apply to you when you access the Site and / or complete the registration or purchase process. These terms and conditions, or any part thereof, may be terminated by AU NOIR or EcoUniform without notice at any time, for any reason. The provisions relating to copyright, trademarks, disclaimers, limitation of liability, indemnification, and miscellaneous matters shall survive any termination.
NOTICE
AU NOIR or EcoUniform may provide notice to you by email, a general notice on the Site, or any other reliable method sent to the address you have provided.
Miscellaneous
Your use of this Site shall in all respects be governed by the laws of the Province of Quebec, Canada, without regard to choice-of-law provisions. You agree that jurisdiction and venue for any legal proceeding arising directly or indirectly from or relating to this Site (including, but not limited to, the purchase of products) shall lie with the provincial or federal courts located in Montreal, Quebec. Any cause of action or claim you may have regarding the Site (including, but not limited to, the purchase of products) must be commenced within one (1) year after the claim or cause of action arises. AU NOIR's failure to insist on strict enforcement 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 operate to modify any of these terms and conditions. AU NOIR may assign its rights and duties under this agreement to any party at any time without notice.
Use of the Site
Harassment in any manner or form on the Site, including by email, chat, or the use of obscene or abusive language, is strictly prohibited. Impersonating any person, including an employee, host, or authorized representative, as well as other members or visitors to the Site, is prohibited. You may not upload, distribute, or otherwise publish through the Site any content that is defamatory, libelous, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable and that may constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law. You may not upload commercial content to the Site or use the Site to invite others to join or become members of another commercial online service or organization.
Product Purchases
1. Without limiting the generality of the exclusions and limitations set out in these terms and conditions, given the unique nature of our products, we cannot accept any responsibility for any inaccuracy or error, or for any loss or damage caused by or arising from your reliance on information obtained from or through this Site, and we may modify the information at any time. We determine product availability upon receipt and automatic acknowledgment of orders.
2. We will deliver the products you have purchased to a common carrier at our warehouse for shipment to the destination in the continental United States or Canada that you select. Title passes to you, and you bear all risk of loss of or damage to the products from the time we deliver the products to the carrier at our warehouse.
3. The recipient of an international shipment may be subject to import duties and taxes, which are levied once a shipment reaches your country. Additional customs-clearance charges must be borne by the recipient; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country; you should contact your local customs office for more information. AU NOIR does not refund customs duties or taxes associated with international returns.
General Order and Return Policy
1. You may cancel an order only if it has not yet been processed by our fulfillment center. In limited circumstances, we may be able to alert the fulfillment center and stop the order before it leaves the facility. If so, you will be refunded less the restocking fee. Once we have received payment and the order has been processed by the fulfillment center, you must wait until you receive the product and then return it in accordance with our return policy.
2. Altered merchandise will not be accepted.
3. You cannot add a promotional code to your order once the order has been placed. Coupons must be presented at checkout. Only one promotional code per transaction.
4. Items purchased online at www.aunoir.com may be refunded, exchanged, or credited by mail. The item must be new, unused, unwashed, and unworn, with all original tags attached. Damaged merchandise must be approved for return within 30 days of the delivery date. Return shipping costs are the customer's responsibility, except in the case of a defective item or shipping error. Simply email service@aunoir.com, and instructions and a return number will be provided.Please note that credit refunds will be issued to your account within 7 to 10 days.
International Taxes and Fees
The recipient of an international shipment may be subject to import duties and taxes, which are levied once a shipment reaches your country. Additional customs-clearance charges must be borne by the recipient; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country; you should contact your local customs office for more information. AU NOIR does not refund customs duties or taxes associated with international returns.
Participation Disclaimer
AU NOIR does not and cannot review all communications and materials posted or created by users accessing the Site and is in no way responsible for the content of these communications and materials. You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Site, AU NOIR is merely acting as a passive conduit for such distribution and assumes no obligation or liability relating to any content or activities on the Site . However, AU NOIR reserves the right to block or remove communications or materials that it deems to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark, or ; any other intellectual property right of another, or (d) offensive or otherwise unacceptable to AU NOIR in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless AU NOIR, its officers, directors, employees, agents, licensors, and suppliers (collectively, the "service providers") from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees , resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.
Third-Party Links
To provide greater value to our visitors, AU NOIR may link to sites operated by third parties. However, even if the third party is affiliated with AU NOIR, AU NOIR has no control over these linked sites, all of which have separate privacy and data-collection practices independent of AU NOIR. These linked sites are provided solely for your convenience, and you therefore access them at your own risk. Nevertheless, AU NOIR seeks to protect the integrity of its website and the links placed on it and therefore welcomes feedback not only about its own Site but also about the sites to which it links (including if a specific link does not work).
Contact Us
Please feel free to contact us with any comments, questions, complaints, or suggestions you may have regarding our products or the Site by emailing info@aunoir.com, calling 1.855.955.2098, or contacting:
EcoUniform - 9398-9341 Quebec Inc.
Montreal, QC H2N 1M1