Terms and conditions

 

Last update: May 10, 2021

General

Welcome to groupeuroit.ca ("Website"). These terms and conditions ("Terms") govern your use of the Website and the sale of barbecues, fire tables and other related products and services ("Product(s)") between 9049-1135 Quebec Inc., doing business as "Groupe Suroît", operator of the Website and seller of the Product(s) on the one hand ("Groupe Suroît" or "we"), and the users of the Website or purchasers of the Product(s) on the other hand ("Customer" or "you").

Please read these Terms carefully, as they are binding on you when you use the Website and when you purchase any Products on the Website. If you do not agree to these Terms, please do not use or make any purchase on the Website.

When you use the Website or make a purchase, you agree to comply with: (i) these Terms; (ii) any other policies that Groupe Suroît may adopt from time to time in relation to the Website; and (iii) any applicable laws or regulations related to your use of the Product or the Website, including without limitation copyright protection laws.

These Terms may be amended at any time by Groupe Suroît, to the extent permitted by law, in which case the most recent version will automatically replace the previous one. If we make any changes, we will take measures to notify you, either by a notice on the Website or otherwise. Your use of the Website after any such change constitutes your acceptance of the revised Terms. In the event that a Customer fails or refuses to accept the Terms in force at the express request of Groupe Suroît, his or her access to the functionalities of the Website, including the possibility of purchasing Products, may be suspended. 

The Website is intended only for persons of legal age and with the capacity to contract. Any use of the Website and creation of an account by a minor is strictly prohibited. By accessing, using or making a purchase on the Website, you represent and warrant that you have reached the age of majority in your place of residence.

You will need to create an account to purchase Products. You are responsible for maintaining the security of your password and for all activities occurring under your account, whether or not you have authorized such activities. If you become aware of, or reasonably suspect, any intrusion on your account, including any theft, loss or unauthorized disclosure or use of your password, you must immediately notify us by contacting us as provided herein.

 

Product availability

Some Products may be available in limited quantities only. If a Product is no longer available in inventory at the time you place your order, the distribution center or an in-store advisor of Groupe Suroît will contact you to inform you of the status and of the next expected date of availability of the Product or, if possible, may offer an equivalent product. If the Customer prefers to cancel the order, Groupe Suroît will reimburse the full amount paid by the Customer, as well as the applicable taxes and fees (including delivery and installation, if applicable). The processing time for a refund varies depending on the Customer's financial institution.

 

Placement of order

The receipt of an order by Groupe Suroît does not automatically mean that the order is accepted. Groupe Suroît reserves the right to cancel or refuse any order within three (3) business days, in the event of the unavailability of a Product, the inability to deliver it, of an error in the entry of information allowing the identification of the Customer or in the price of the Product, in which case we will communicate with you to inform you and we will proceed with the full reimbursement of any amount that may have been collected at the time of the order.

An order cannot be modified or cancelled by the Customer, except following an express written agreement with Groupe Suroît, in which case administration fees of 30% of the value of the order will be payable.

Product purchases are also subject to Groupe Suroît's return and refund policy, which forms an integral part of these Terms and can be consulted at the following link: Privacy Policy

Product assembly

 

As a principle, the Products ordered will be pre-assembled by Groupe Suroît before being shipped to the Customer, except in cases where this service is not available or is offered as an option only to the Customer. In the event of such a possibility, the Customer who decides not to have the Product pre-assembled by Groupe Suroît acknowledges that he/she is purchasing it at his/her own risk and releases Groupe Suroît from any liability resulting from defective or inadequate assembly of the Product.

The assembly costs for a Product will be communicated to the Customer at the time of placing the order.

 

Price

Prices are indicated and payable in Canadian dollars. Unless otherwise mentioned, they do not include applicable sales taxes, assembly and delivery costs, which will be calculated according to the rate in force at the time of purchase. All prices are subject to change without prior notice.

Payment

When you purchase Products online, the full payment thereof as well as of all applicable fees and taxes is required at the time the order is placed, whether or not the Product is available in stock. In the event that a Product is not available, it will be refunded to you in the manner provided herein.

Payment for your purchase is made by Visa, MasterCard or American Express credit card, via the secure section of the Website, using the online payment platform of Global Payment, a third-party service provider. The security of the credit card information provided during the purchase of a Product is governed by our privacy policy available at the following link: Private Policy , which you declare having read and accepted if you decide to complete the purchase of a Product.

You agree to pay the full cost and charges for the Products purchased. For security reasons and as a protection measure against fraud, purchases made by credit card are accepted only if the name and billing address match the name on the buyer's credit card and the address on the credit file. In the event that your payment cannot be validated, Groupe Suroît has no obligation to process your order.

Delivery

Delivery times generally vary between 5 and 15 business days from the time Groupe Suroît receives the full purchase price of the Products. The Customer may contact a Groupe Suroît customer service agent if he or she wishes to agree on a specific delivery date, being understood that any arrangement in this regard will be made based on its feasibility for Groupe Suroît. 

The delivery date may vary, in particular due to delays from manufacturers, place of delivery, type and number of Products purchased as well as public holidays. We only deliver when all Products in the order are ready to be delivered. We do not make partial deliveries. If, however, you wish to have the Products delivered in several shipments, you are invited to contact Groupe Suroît in order to check the possibility to arrange such. Additional delivery fees will be charged for each partial shipment. In the event that Groupe Suroît has made an appointment with the Customer for a delivery and that the Customer is absent at the time and place agreed upon, additional delivery fees equivalent to those initially charged will be applied for any additional attempt. In the event that the delivery was initially free of charge, any additional attempt due to Customer’s absence will be subject to the regular delivery charges. In all events, the then current delivery fee chart of Groupe Suroît will apply to determine the additional charges, which must be paid prior to delivery of the Products.

Any delivery delay mentioned to the Customer at the time of purchase is for information purposes only and Groupe Suroît cannot be held responsible for delivery delays or delivery defects resulting from circumstances beyond its control. Groupe Suroît will use reasonable means to ensure that delivery times are respected.

The Products offered on the Website are available for delivery in the province of Quebec only.

Warranty and safety of the Products

Groupe Suroît acts as distributor of the Products. All devices sold by Groupe Suroît are covered by the applicable legal warranty, if any. For more information, the Customer who would be a consumer within the meaning of the applicable law can refer to the site of the Office de la protection du consommateur at www.opc.gouv.qc.ca. Some Products (excluding among others accessories) are also guaranteed by a conventional manufacturer's warranty, which will be handed over to the Customer upon delivery along with the instructions for the use and maintenance of the Product.  All warranty claims must be made directly to the manufacturer.

The Products offered by Groupe Suroît may present certain inherent safety risks if they are not used, handled or installed properly. It is the Customer's responsibility to read the user and maintenance manual, the warranty of the Products and all safety warnings, if applicable, to ensure that he/she understands their content and respects their terms. You shall also be liable to determine whether you have sufficient technical formation, knowledge or experience for the installation and maintenance of the Products and, if necessary, to seek professional assistance.

 

Accuracy of information

Despite our best efforts, occasional errors in pricing, description, specifications or images of the Products may occur on the Website. These errors may be the result of typographical errors, errors in the pricing information received from our suppliers or for any other reason. Groupe Suroît is not responsible for these errors and reserves the right to revise and correct, if necessary, the prices and other errors as well as to cancel any order based on erroneous information. Also, although Groupe Suroît attempts to reproduce as faithfully as possible the colors of the Products displayed on the Website, it is important to note that the colors may vary from one device (such as a monitor) to another and that, as such, Groupe Suroît cannot guarantee that the colors visible on a device correspond to the actual colors of the Products.

 

Limitation of liability

In general, Groupe Suroît is committed to ensuring that the content of the Website is accurate, complete, up-to-date and secure. We implement the necessary measure to ensure that any error, inaccuracy or omission is corrected as soon as it is detected and brought to our attention, as well as to take reasonable technical means to protect the physical security and integrity of the Website's functionalities. However, Groupe Suroît does not guarantee that the information appearing on the Website is free of errors, inaccuracies or omissions. The Customer also recognizes and accepts that the security of transmissions via the internet cannot be guaranteed.

Your use of the Website may thus be interrupted or suspended, in whole or in part, at any time. The Website may also be unavailable from time to time for maintenance, upgrades, hardware/software failures, repairs, power outages, hacking, denial of service attacks, unexpected high service demands or for any other reason. Morevover, we cannot guarantee that your use of the Website will meet your expectations or fit with the purpose for which you use it.

The Customer thus expressly accepts that any use of the Website involves certain risks and that the services offered by the Website are provided "as is" and “as available”. The Customer agrees to release Groupe Suroît  and its affiliates, directors, officers and employees from all liability, both contractual and extra-contractual, for any damages, including loss of income, profits or expected benefits, resulting from (i) inaccuracy of information or other element referred to on the Website, including any error in the Product’s price or description; (ii) delayed or deferred treatment of an order or inability to place it, and (iii) loss or corruption of data, message errors on the Website or unavailability of the Website.

 

Intellectual Property

You declare being informed and acknowledge that Groupe Suroît is the exclusive owner of all intellectual property rights related to the Products as well as the Website and its content, including but not limited to those related to: (a) all texts, photos, videos, drawings, images, data, graphics, trademarks, logos and slogans created or used by Groupe Suroît, whether registered or not; (b) all tools, computer equipment and software used to enable the functionalities of the Website; and (c) the graphic design, user interface and the look and feel of the Website. The Customer may not modify any page, nor remove or alter any visible or non-visible identification, mark, notice or disclaimer, without the prior written consent of Groupe Suroît. Some texts, photos, videos, drawings, images, data, graphics, trademarks, logos and slogans displayed on the Website may also be the property of third parties, who retain all their intellectual property rights on such content. More specifically, the Customer also agrees not to adopt or use trademarks or any other intellectual property that could create confusion with or be similar to Groupe Suroît's intellectual property, nor to seek to invalidate, attack or otherwise challenge the legitimacy of Groupe Suroît's or a third party's rights to its intellectual property.

You are reminded that you are responsible for compliance with all copyright and other intellectual property laws and that any downloading and/or printing of content from the Website is permitted for strictly personal, non-commercial use only. You may not modify any page, nor remove or alter any visible or non-visible identification, marks, notices or disclaimers, nor reproduce, reuse or redistribute the content of the Website in any form whatsoever other than as permitted by these Terms, without the prior written consent of Groupe Suroît or of the third-party owing the specific right at hand.

 

Protection of your privacy

The protection of your privacy and of your personal information is among our priorities. More details on the type of information collected when you use the Website, the reasons for which this information is collected and the purposes for which it is collected are available at the following link: " Privacy Policy of Groupe Suroît" Privacy Policy, which you are responsible to consult. By continuing to use the Website or purchasing any Product, you declare having read and accepted our privacy policy.

 

Rules of use of the website

In addition to complying with the other terms and conditions set forth herein, Groupe Suroît strictly prohibits and you represent that you will refrain from:

  • attempt to use the Website in violation of these Terms or any applicable law;
  • use any automated or manual process, software or other means or procedures to, among other things, access, retrieve information from, browse or scan the Website;
  • harm or damage the Website, including but not limited to overloading, disrupting, hacking, modifying the source code or reverse engineering the Website or any associated software;
  • use the Website in a manner that interferes with or disrupts its integrity or performance;
  • use the Website to knowingly post, transmit, upload, link to, send or store any illegal, hateful, abusive, defamatory, obscene, discriminatory or otherwise inappropriate content;
  • use the Website to knowingly post, transmit, upload, link to, send or store any viruses, malware, worms, backdoors, trapdoors, Trojan horses, logic bombs, or similar harmful software or programs;
  • engage in any action or practice that reflects poorly on Groupe Suroît or otherwise disparages or devalues Groupe Suroît’s reputation or goodwill; and
    • induce or encourage a third party to do any of the above.

 

External websites

The Website may link to other websites operated by third parties. We have no control over these linked sites, each of which have separate privacy and data collection practices independent of Groupe Suroît. The Website may allow you to link or connect to use features offered by applications, services or sites operated by third parties that are not owned or controlled by Groupe Suroît (collectively, "Third-Party Applications"). We provide these links only as a convenience to you and you access them at your own risk, as Groupe Suroît has no control over them. You may also be subject to additional terms and conditions of use that may apply when you use or purchase, as applicable, certain products or services related to the Third-Party Applications. Groupe Suroît has not reviewed these policies and cannot provide any recommendations or advice with respect to their content. Please report to us any links you consider to contain illegal or inappropriate material.

 

Legal remedies

We may at any time terminate or suspend immediately your access to our Website, in addition to our other remedies and the additional penalties and legal consequences provided  by law, if: (i) we have reasons to believe that you use the Website in violation of these Terms or any applicable Law; (ii) any information provided by you at the time of placing an order or during any communication with Groupe Suroît or afterwards proves to be inaccurate, fraudulent, obsolete or incomplete; or (iii) we suspect or detect any malicious software or potentially harmful activity connected to your account.

INDEMNISATION

You represent that you will indemnify and hold Groupe Suroît and its agents, affiliates, subsidiaries, directors, officers, employees, contractors, related entities and applicable third parties harmless against any claims, demands, causes of action, damages, costs, expenses, penalties, losses and liabilities, including reasonable attorney’s fees and court costs, incurred by Groupe Suroît arising from any claim, whether such claim is brought by yourself or by any third party, asserted against Groupe Suroît in relation with (a) any violation of these Terms  by you; (b) your use, misuse, or inability to use the Website or its content; (c) the inaccuracy or any of your representations; (d) any negligence or wilful misconduct; (f) other matters for which you are expressly responsible pursuant to these Terms.

Applicable law

These Terms, their interpretation, execution, application and validity are subject to the laws in force in the province of Quebec.

 

Amicable settlement

In the event of a disagreement between you and Groupe Suroît regarding the purchase of a Product or the application of these Terms, we invite you to first communicate with us in the manner provided herein. We will try as much as possible to reach an amicable settlement and to find an appropriate solution to the matter, without prejudice to the right of each party to have recourse to the courts in the manner and at the time it deems appropriate.  

Disputes

If the Customer is not a consumer within the meaning of the Quebec Consumer Protection Act, the Customer and Groupe Suroît agree that any dispute between them arising from or in connection with the purchase of a Product, the use of the Website or these Terms shall be subject to the exclusive jurisdiction of the courts of the province of Quebec, judicial district of Beauharnois, whose exclusive jurisdiction is irrevocably recognized by the parties.

 

Notice

All notices to be given to you by Groupe Suroît under these Terms may be given in writing: (a) by registered mail or courier to the mailing address you provided when you contacted us or placed an order; or (b) by email to the email address you provided when you contacted us or placed an order.

You must give any notice to Groupe Suroît in writing by registered mail or recognized courier service to: (a) Groupe Suroît’s registered address mentioned in the "Contact Us" section below; or (b) by email to [email protected] with copy to info@groupesuroit.ca . All notices sent by email will be deemed to have been received immediately upon delivery if sent on a business day before 4:00 p.m., or otherwise on the next business day. Notices sent by registered mail or courier shall be deemed received on the day of actual delivery. 

 

Entire agreement

These Terms constitute the entire agreement and supersede any prior agreement between you and Groupe Suroît with respect to the subject matter hereof. These Terms shall prevail over any terms and conditions of purchase issued by the Customer, contained in any document whatsoever, including by reference to a website or otherwise, regardless of when they are transmitted. The processing of an order by the Customer does not constitute acceptance of its terms and conditions and shall not be construed as constituting a modification of these Terms.

 

Severability

Any declaration by a court that any provision hereof is void or unenforceable shall not affect the validity or enforceability of the remaining provisions of these Terms, which shall remain in full force and effect.

 

Non-waiver

Any failure by Groupe Suroît to rigorously enforce or execute its rights and recourses under these Terms shall not constitute a waiver by Groupe Suroît to exercise its rights and recourses in the future. Consequently, Groupe Suroît shall not be prevented from exercising at a later date, in whole or in part, any right, remedy or privilege that it has not previously exercised.

 

Electronic version

You acknowledge that these Terms have the same effect and value as if they had been signed personally by you. A printed version of these Terms or of any notice sent by e-mail will be admissible in litigation, as will any other business document or record generally kept in paper form.

 

Contact us

If you have any questions regarding the purchase of a Product or these Terms, or if you wish to send a written request to our team, please contact us as follows

 

Groupe Suroît

Tél : 450-427-1706

Mail: [email protected]

Address 1325 boul St-Jean-Baptiste W, Ste-Martine, QC,  J0S 1V0