1. SCOPE - These terms and conditions (the “Terms”) govern all sales made on the merchant site https://macapuche.com.
This site is operated by Macapuche. All sales of products distributed by Macapuche are governed by these Terms, which apply to all of our customers.
2. ORDERS - Orders become final and binding on Macapuche only once all of the following conditions are met: product availability, order registration, and payment accepted by the online payment service. A summary of your order information and of these Terms will be sent to you at the email address used to confirm your order.
3. PRICES - Products are invoiced at the rates in effect on the day Macapuche accepts the order. Prices shown on the site are in Canadian dollars. Unless otherwise indicated, they do not include shipping, possible customs fees or insurance, which remain the responsibility of the buyer.
4. PAYMENT - Payment is accepted by credit card, PayPal or Interac transfer only.
5. PRODUCT DELIVERY - For delivered products only: once your order is completed online, please note that manufacturing and preparation may take 1 to 5 business days. Delivery delays and any error or omission in delivered products may not be used as grounds to cancel pending orders.
6. TIME LIMITATION - Content published on the Macapuche.com website under a contract, on a one-time basis or through a partnership agreement cannot be guaranteed for life, whether due to a change of website platform, migration to other servers, performance, or cessation of activity. Publication is offered for a maximum of 36 months.
7. WARRANTY - Macapuche reminds buyers that once they take physical possession of the products, the risks of loss or damage to the products are transferred to them.
9. LIMITATION OF LIABILITY - Macapuche may only be held liable for proven fault causing direct and foreseeable damages. Macapuche shall in no event be liable for indirect damages (including loss of profit, damage to image, or other financial loss) resulting from a delay or failure in the performance of the sale.
10. INTELLECTUAL PROPERTY - Trademarks, domain names, products, software, images, videos, texts and, more generally, any information subject to intellectual property rights are and remain the exclusive property of Macapuche. No transfer of intellectual property rights is made through these Terms. Any total or partial reproduction, modification or use is prohibited.
11. DIGITAL DOWNLOAD TERMS - Purchased digital files are works of authorship protected by the Copyright Act. In accordance with this law, the purchase of a digital file is reserved for personal, private and free use. Any reproduction other than the authorized download, adaptation, collective use, resale or rental is strictly prohibited.
12. GOVERNING LAW - By express agreement between the parties, these Terms and the purchase and sale transactions arising from them are governed by the laws applicable in the province of Quebec and in Canada.
13. JURISDICTION - For any claim or legal proceeding of any kind relating to the performance and interpretation of these Terms, the parties agree to choose the judicial district of Beauharnois, province of Quebec, Canada, as the proper venue, to the exclusion of any other district.