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Terms and conditions


Terms and conditions of sales

ARTICLE 1: SCOPE
1.1 These standard terms and conditions ("ST&Cs") govern all the sales of products to online customers (the "Products") as offered on the website www.canadiancarinsurance.blogspot.ca and www.CCIReview.ca by Canadian Car and Insurance Review (the "Website"), (the "Seller") to any customer (the "Customer") and worldwide.
2.1 Placing an order for Products entails the Customer's full and unreserved adherence to these ST&Cs.  In accordance with the law, these ST&Cs constitute the basis of the commercial negotiation and consequently prevail over any contradictory provisions that may derive from the Customer. 

ARTICLE 2: DEFINITIONS
"Customer": Any legal entity or natural person purchasing Products from the Seller.
"Order": Action for the Customer to accept these ST&Cs by clicking the buy button over a clearly marked "I have read and I accept the general conditions of sale", select a Product on the order page and validate the order process up to payment, according to the conditions set out in Article 3.
"Contract": Set of documentation consisting of the Customer's Order, these ST&Cs and any potential specific agreement which might be agreed upon by the Parties.
"Intellectual Property Rights": any information belonging to the Seller or to any other person and in particular patents, trademarks, designs and models, whether registered or not, logos, trade names, trade secrets, copyrights, inventions, methods and original know-how, databases, technical, commercial or financial information or any other intellectual property right that is subject to protection in one or more countries. 
"Party": the Customer on the one hand, and the Seller on the other hand, referred to jointly as the "Parties".
"Products": the Products provided and marketed by the Seller, as presented on the Website including urls and premium maps.
"Website": the website www.canadiancarinsurance.blogspot.ca, or its derivatives 
"Seller": the company Canadian Car and Insurance Review, specialised in the design, manufacture and marketing of the Products set out above.

ARTICLE 3: ORDERS
3.1 The Order is placed with the Seller by the Customer by selecting one or more Products which, in accordance with the selection, the Customer then buys through the PayPal button.
3.2 Before validating the Order, the Customer shall expressly accept these ST&Cs by clicking the paypal button above a clearly visible "I have read and I accept the general conditions of sale" with a link to these terms and conditions.
3.3 In order to ensure a secure payment from Customers on the Website, the Seller has taken out a secure payment gateway with PayPal. The customer is not obligated to login or create an account on PayPal for the completion of the sale, although the customer would have the choice to do so. Information sent to the Website at the completion of sale include the customer's email address whereby the online product shall be sent.
3.4 The Customer warrants the accuracy of all this information.  Should all or part of the delivery email addresses prove incorrect, the Customer shall bear the consequences thereof and the Seller shall be entitled to charge the cost of the product anew for sending to the corrected email address.
3.5 In order to track the Order, the Customer may contact the Seller's customer service department at the following email address: Emily.baldwin.ccir@gmail.com
3.6 The Seller reserves the right to refuse an Order from a Customer with whom there is a dispute over the fulfilment or payment of a previous Order or when the Customer has not complied with these ST&Cs.  

ARTICLE 4: PRODUCT AVAILABILITY
4.1 The Order is placed subject to the availability of the Seller's online inventory.  In case of lack of supply, the Seller shall inform the Customer via email of cancellation of the Order.
On receipt of this information, the Customer may be reimbursed for the price of the unavailable ordered Product within thirty (30) days of his claim.
4.2 In case of shortage of supply, the Seller cannot be held liable for the impossibility of honouring the Order.  Where applicable, the Seller agrees to reimburse the Customer for the costs corresponding to the partial or total cancellation of the Order, in proportion to the cancelled portion of the Order.  The same shall apply for any additional delivery costs due to this cancellation.

ARTICLE 5: DELIVERY

5.1 The Products are delivered via electronic mail to the address provided by the customer.
5.2 The delivery times indicated are average delivery times, provided for information only, and may vary according to the destination.
5.3 The delivery time is generally 12 to 24 hours, although delays outside the control of the Seller might be encountered. In those cases, every effort will be made to inform the customer and offer the option of a refund.
5.4 The Seller makes no guarantee the routes provided are the ones the customer will be tested on. As stated on multiple occasions on the website, these routes have been reported by some test takers, however, they are subject to change by testing centers, including major or minor variations as well as entirely new routes. The Seller takes no responsibility for the accuracy of the route. By completing the purchase, the Customer indicates full understanding of this article.

ARTICLE 6: PRICES
6.1 The prices are indicated on the Website in Canadian dollars, including all taxes applicable in Ontario, processing and delivery costs.
6.2 The prices indicated may be changed at any time without advance notice.  However, the Products shall be charged at the rate in force when the Order was validated.
ARTICLE 7: PAYMENT

7.1 The Order shall be paid for by payment card once the Order has been validated.  The payment cards accepted are dictated by the PayPal payment gateway and include Visa, MasterCard and American Express. 
7.2 The Customer warrants that he has the necessary rights to use his payment card and that he is fully authorised to use it to pay for the Order.  He also warrants that this card gives access to sufficient funds corresponding to the amount of the Order. Failing this, the Seller reserves the right to cancel the sale according to the conditions set out in Article 11.
7.3 For its part, the Seller uses a secure payment method.  Consequently, it cannot be held liable for any fraudulent or improper use of the Customer's means of payment, over which it has no control.

ARTICLE 8: PRODUCTS COMPLIANCE
8.1 Upon each delivery of Products, the Customer must immediately check that the delivery received complies with the Order placed.  This check shall be carried out using criteria which, unless specifically agreed in writing, are as follows: compliance with type of requested online product, and compliance of geographic location of map.
8.2 If non-compliance is proven and confirmed by the Seller, the Customer may ask the Seller: either to have a Product delivered which complies to the one ordered (provided it is available) or to have a Product of equivalent quality and value delivered (provided it is available); or to be refunded for the price of the Product within thirty (30) days of his claim.
8.3 In the event of proven non-compliance, the return costs of the Product ordered and delivered to the Customer, in addition to any delivery of another Product, shall be borne by the Seller.
ARTICLE 9: RETENTION OF TITLE
9.1 The Seller shall retain full ownership of the Products until the complete payment of the price and incidental costs by the Customer and actual collection by the Seller of the sums due under the Contract.  Until they are paid for in full, they shall remain in the custody of the Customer who must assume the risks thereof.  
9.2 The implementation of this retention of title clause cannot have any effect whatsoever on the transfer of risks to the Customer which takes place upon receipt of the Products by the latter.

ARTICLE 10: USE OF THE WEBSITE AND PERSONAL INFORMATION
10.1 The use of the Website shall not confer any rights.  All rights used or represented on the Website shall remain the Seller's exclusive property and cannot be reproduced, disseminated, sold, marketed or used for other than personal purposes by the users, whether Customers or not, without the prior and written agreement of the Seller.  
10.2 Access to the Website is provided on an "as is" basis, accessible according to its availability and with no guarantee from the Seller.  It shall be used at the user's risk.  The Seller does not warrant that (i) the Website, the content and Products offered shall fully meet the user's expectations, (ii) the Website shall be uninterrupted and free from all errors, or that (iii) the Website shall not contain any viruses. 
10.3 Computerised registries are kept in the Sellers' IT systems under reasonable conditions of security as proof of communications, orders and payments made by the Customer.  Purchase orders and invoices are filed on a reliable and durable medium.  The Seller shall take all steps to ensure the confidentiality of Internet exchanges and transactions.

ARTICLE 11: LIABILITY
11.1 The Seller's online sale department disclaims all liability if the delivered Product does not comply with the legislation of the country of delivery (censorship, prohibition of a title or an author...).
11.2 Under no circumstances can the Seller be held liable for indirect or unforeseeable damage as defined by the Civil Code, which include, in particular, financial and commercial damage, such as loss of business, operating loss or loss of profits, loss of earnings, automative accidents, failure of driving test, loss of contracts or orders, or furthermore, loss of customers.
11.3 In any case, the amount of the Seller's liability to payment of compensation for the sole cases of direct damage is limited to the total amount of the Orders actually paid for by the Customer. 
11.4 Neither is the Seller liable for the content of Websites on which hypertext links may redirect away from its own Website.
11.5 Care must be taken when using GPS guidance. Never be distracted from driving. Use of handheld devices while operating an automotive is dangerous and illegal in Ontario. You may view more information on the following website or our article on the topic. If you are to use our GPS maps, you understand you must have another person accompanying you on the route to guide you using the GPS.

ARTICLE 12: FORCE MAJEURE

12.1 The Seller cannot be held liable for failure to fulfil one of its commitments to the Customer, if this failure is due to a case of force majeure such as war, strike (in-house or at one of its service providers), lock-out, accident, fire, ice, flood, bad weather, interruption or suspension of means of communication and/or transport, blockade, blockage of exports, prohibited import or export, cessation of production or delivery, regulatory decision of an administrative supervisory body, etc.
12.2 In this situation, the Seller shall inform the Customer of this impossibility and the measures taken to remedy it.

ARTICLE 13: INTELLECTUAL PROPERTY RIGHTS

13.1 The Products contain graphic, visual and textual elements and illustrations (the "Intellectual Property Rights"), all protected by copyrights, rights on the image, rights on models or trademark rights, the holders or owners of which are either the Seller or third parties. 
13.2 Insofar as possible, the Seller identifies the authors and/or holders of these Intellectual Property Rights in the Product bibliography.  Should a person or entity recognise one of these elements over which they may exercise rights and which are not completely identified or unidentified, the Seller shall remain available to receive such a claim.
13.3 Under no circumstances can the failure to mention the holder or the author be considered as rendering the Intellectual Property Rights free from exploitation.  The rights of use, representation and reproduction over the Products shall continue to be held by the Seller or by the holders of the rights as specified.
13.4 Any reproduction, copy, imitation, publication, communication, marketing or use for commercial purposes of one or more of the Intellectual Property Rights and on any medium whatsoever, whether partially or fully, cannot be carried out without the prior and written authorisation of the rights holders. 

ARTICLE 14: DISPUTE/APPLICABLE LAW 

14.1 These ST&Cs, in addition to any contract entered into pursuant to the ST&Cs, are subject to Canadian law.  Contractual information is presented in French and the Products offered for sale comply with French legislation. 
14.2 The Canadian Court System has sole jurisdiction for any dispute relating to the Contract and/or the application of these ST&Cs.