Access to Website

Welcome to the website of Holdme Creations (hereinafter “Holdme“, “we“, “us” and “our“). Please read these terms and conditions of use (the “Terms of Use“) carefully before accessing and using our website. The purpose of these Terms of Use is to (A) govern the terms and conditions of sale applicable to the purchase of products on our website’s transactional platform, and (B) establish the general terms and conditions of use of this website.

 

By accessing and using this website, you agree to be bound by the Terms of Use. When you purchase a product on our website’s transactional platform, you further agree to be bound by the terms and conditions of sale set forth in the Terms of Use. If you do not accept the foregoing, we ask that you leave immediately and do not make any purchase on this website.

 

This website is also made available to you subject to your acceptance of our Privacy Policy .

 

Terms and conditions pertaining to the purchase of products

  1. Accuracy of your information

By creating an account on Holdme’s website or by purchasing products on our website, you will be required to provide us certain information, including the information relative to your payment method and shipping address. By providing this information, you warrant that it is both accurate and up-to-date. By making a purchase, you agree to pay all of the costs associated therewith, whether incurred by you or by any other user of your payment method.

  1. Products

Products may be available in limited quantities and prices are subject to change at any time. Some products appearing on our website may no longer be available at the time of your purchase, although our website has not yet been updated. If a product is unavailable at the moment of your order, Holdme may notify you by e-mail and automatically cancel your order with respect to this product, or maintain your order and set a new delivery date based on anticipated product availability.

We deploy our best efforts to display as clearly and as accurately as possible the colours and images of the products that appear on our website. However, we cannot guarantee that the display of colours on the screen of your computer or mobile device will be adequate.

We reserve our right to limit sales of products to any person or to any geographical area or jurisdiction. We may exercise this right on a discretionary basis. We reserve our right to limit quantities of any product or service we offer. All product descriptions and prices are subject to change at any time without prior notice, in our sole discretion. We reserve our right to discontinue the offer of a product or service at any time.

  1. Modification or cancellation of an order

Holdme reserves the right to refuse any order you place with us. We may, at our sole discretion, reduce or cancel quantities purchased per person, per household or per order. These restrictions could include orders placed by or from the same customer account, credit card, or orders that use the same billing or shipping address. In the event that we change or cancel an order you placed with us, we will notify you by email or by phone at the number you provided when placing the order. You acknowledge that receipt of an email confirming your order does not constitute our acceptance of said order or our commitment to sell you any product.

You may change or cancel any order placed with us within thirty (30) days of your receipt of the email confirming your order, in which case the provisions of Section 5 hereof shall apply. Should you wish to change or cancel an order placed on the website, we invite you to contact our customer service department by email or by phone, at the contact information found below. We will make our best efforts to accommodate your request. Under no circumstances will an order that is in the process of being shipped be cancelled.

  1. Transfer of risk and ownership

All products purchased on our website are delivered by a third party delivery company pursuant to a delivery contract we enter into on your behalf and following your instructions. You acknowledge that Holdme will have fulfilled its obligation to deliver and ship the products sold hereunder and will no longer be responsible for the risk of loss or damage to said products from the moment the third party delivery company is in possession of said products.

  1. Refund and exchange policy

You may return or exchange a product purchased on our website (i) within thirty (30) days of receipt thereof, for any reason, (ii) within a reasonable period of time in the event that such product proves to be defective within the one (1) year limited warranty period referred to in Section 6 hereof, or (iii) within a reasonable period of time if such product is received in a damaged condition.

In order to be eligible for a return or exchange, your product must be in its original, unaltered condition and must have been used, if applicable, in a reasonable manner and in accordance with any manual or instructions for use relating to said product. No return or exchange will be accepted for a product that is damaged as a result of your non-conforming use, that is not returned in its original condition, that is altered or that is returned after expiry of the above-mentioned time limits.

You will be responsible for the shipping fees for the return or exchange of your product. The shipping fees incurred concurrently to your purchase (including fees for oversized products) will not be refunded (except in the case of products that are defective or damaged when received, for which all such fees will be refunded).

If you are returning a product of significant value, we recommend that you use a secure delivery service and/or that you purchase delivery insurance. All risks of loss or damage to the product that may occur during transit are yours.

Once we have received and inspected the product returned to us for refund or exchange, we will send you a confirmation of receipt accompanied by a confirmation of our decision to approve or reject your request. If your request is approved, your refund or exchange will be processed within five (5) to seven (7) business days. In the case of a refund, a credit will automatically be applied to your original method of payment. A refund will only be issued to the method of payment used to make the original purchase and only to the person who made the original purchase. 

For any return or exchange of a product that is defective or damaged when received, we invite you to contact our customer service department by email or by phone at the contact information found below, in order to obtain the authorization to exchange the product, as well as all other relevant information.

  1. Applicable warranties

Holdme provides a manufacturing defect warranty of one (1) year following your receipt of the product. However, the manufacturing defect warranty is not applicable if it is determined that your use of the product has been abusive or has not conformed with any manual or instructions for use relating to said product. Apart from these expressly stated warranties, as well as the obligatory statutory warranties, Holdme makes no representations of any kind whatsoever and grants no warranties, whether express or implied, of merchantability, quality, fitness for a particular purpose, or on the accuracy of the information provided on a product.

For any questions regarding the application of the manufacturing defect warranty, we invite you to contact our customer service department by email or by phone at the contact information found below to obtain the authorization to exchange the product, as well as all other relevant information.

  1. Impossible delivery

We are not responsible for orders that are undeliverable or not received due to your failure to enter an accurate address for the recipient.

  1. Currency

All prices indicated for the products offered on our website are in Canadian dollars.

Rules pertaining to the utilization of the website in general

  1. Amendment of Terms of Use

Subject to applicable laws, you agree that we may update, modify or replace the Terms of Use, in our sole discretion and without notice, by posting said updates, modifications or replacements on our website. You must review the Terms of Use on a regular basis (and in any case, before proceeding to a purchase on our website) to ensure that you are informed of its content. By continuing to use this website or by placing an order on this website following an amendment to the Terms of Use, you agree to comply with the amended Terms of Use.

  1. Accuracy and completeness of information

Holdme deploys its best efforts to ensure that the information appearing on the pages of this website are up-to-date and complete and contain no inaccuracies or errors. Despite all of our efforts, some errors may occur on certain pages of our website. We are not responsible for any inaccuracies on our website, or should any information be incomplete or outdated. The information figuring on our website is provided to you for informational purposes only and should not be relied upon as your sole source of information for making decisions. You should also consult more accurate, complete and up-to-date sources of information. If you decide to rely solely on its content, you do so at your own risk.

  1. Hyperlinks and access to external websites

Some hyperlinks appearing on our website will redirect you to one or more external websites operated by third parties. These hyperlinks are provided to you as informational references only. Some tools appearing on our website could also be provided by third parties. Holdme has no control over these external websites or tools, has no responsibility whatsoever for any content, website, service, product or other element available on these external websites or in virtue of these third party tools, and in no way supports the information provided or representations made thereon.

The presence of tools provided by third parties or hyperlinks to external websites on this website shall under no circumstances be construed as an endorsement by Holdme or as indicating that there is an association or joint venture between Holdme and any third party entity operating or owning any such external website or tool.

You may not create a hyperlink to our website without the prior written permission of Holdme.

  1. Intellectual property rights

Holdme uses the HoldmeMC trademark and all the logos and slogans associated therewith. The HoldmeMC trademark, the figurative trademarks related to HoldmeMC and all the logos and slogans associated therewith and which appear in the contents of this website are registered trademarks which are the exclusive property of Holdme or its affiliates. These trademarks are protected under the applicable trademark legislation and regulations in Canada and throughout the world. Holdme holds user licenses for all the other trademarks belonging to other entities which appear on this website, including the suppliers and manufacturers of products offered by Holdme.

You can print the pages of our website for your private and non-commercial use at home provided that the notes on copyright and the materials protected by intellectual property rights remain unchanged, and provided that these Terms of Use are complied with, including the laws governing intellectual property rights. You are not authorized to reproduce, print, store, re-edit, change, download, sell or otherwise copy the contents of our website or any element thereof, whether in whole or in part, for any other reason or for purposes of publication, dissemination or sale, on any medium or in any format whatsoever, whether already invented or invented in the future, without obtaining the prior written authorization of Holdme. No material, excerpt, quotation, passage or text in our website shall be construed as constituting or creating a license or any right of use or reproduction of any element whatsoever of this website. Be advised that Holdme will fully enforce its intellectual property rights.

It is prohibited at all times to change or modify the trademarks, logos or slogans, and the texts, titles, slogans, graphics, tables, images, photographs, portraits, descriptions, symbols, drawings or other artistic works appearing on this website. The contents of our website are protected by copyright, trademark rights and other applicable intellectual property rights. All rights are reserved.

  1. Comments and suggestions

If you post novel ideas, suggestions, proposals, comments, plans or other materials on our website, you grant us the right, at any time and without restriction, to edit, copy, publish, distribute, translate and otherwise use such materials in any media. We are not and shall not be required to respond to them, to maintain their confidentiality or to pay compensation to anyone if we implement them.

 

You agree that your interventions on our website will not violate the rights of third parties, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You also agree that your interventions will not contain illegal, defamatory, offensive or obscene content, nor will they contain computer viruses or other malicious software that could in any way affect the proper functioning of the website. You may not use a false e-mail address, pretend to be someone you are not, or try to mislead us or third party entities as to the origin of your comments. You are entirely responsible for all comments you post and for their accuracy. We take no responsibility and disclaim any liability for any comments posted by you or any third party.

  1. Prohibited uses

You are prohibited from using our website or its contents: (a) for any unlawful purpose; (b) to induce or participate in unlawful acts perpetrated by third parties; (c) to violate any regional or international, federal, provincial or state laws, rules or regulations; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, injure, defame, libel, slander, denigrate, intimidate or discriminate against anyone on the basis of any ground of discrimination protected by the Charter of Human Rights and Freedoms; (f) to submit false or misleading information; (g) to transmit viruses or any other type of malicious code that will or may be used in a manner that impairs the functionality or operation of the website or the Internet; (h) to collect or track the personal information of others; (i) for obscene or immoral purposes; or (j) to breach or circumvent the security measures implemented on our website or the Internet. We reserve our right to suspend or otherwise terminate your use of our website if you breach these Terms of Use or any other of our policies.

  1. Limitation of liability

We do not warrant or make any representations that your use of our website will be uninterrupted or error-free.

You expressly agree that your use of, or inability to use, the website is at your own risk. Our website is provided to you on a “as is” and “as available” basis, for your use, without representations, warranties or conditions of any kind, either express or implied, including all implied warranties of marketing or merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

You further agree that we may remove all or part of the website indefinitely or permanently, from time to time and without notice.

As a result of the foregoing, Holdme and its directors, officers, employees, affiliates, agents, contractors, trainees, suppliers and service providers assume no liability for any damage or injury, loss or claim, including any interruption of business, loss of profit, loss of software, data or programs (including legal fees and attorney’s fees), resulting directly or indirectly from access, inability to access, or use of this website.

This limitation of liability applies to the fullest extent permitted by law.

  1. Indemnification

You agree that any breach or violation of the Terms of Use or of any other policy of Holdme will result in an obligation on your part to indemnify Holdme, as well as its respective directors, officers, employees, agents, mandataries and other representatives, for any direct, indirect or substantial damages, including any business interruption, loss of profit, loss of software, data or programs (including legal fees and attorney’s fees), caused by or resulting from such breach or violation.

  1. Interpretation

If any provision of the Terms of Use is found to be invalid or unenforceable, such provision shall nonetheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from the Terms of Use. Such severance shall not affect the validity and enforceability of any remaining provision herein.

Each provision of the Terms of Use is dissociable and distinct. If any provision (or any part of any provision) is found to be invalid, illegal or unenforceable in any jurisdiction, this finding of invalidity, illegality or unenforceability will not, in any case, affect the validity of any other provision of the Terms of Use.

The non-enforcement or delay to enforce any provision hereof does not constitute a waiver of any right to enforce that provision in the future.

In the event of any discrepancy between the different linguistic versions of these Terms of Use, the French language version shall prevail.

  1. Applicable law

These Terms of Use are governed by the laws and regulations applicable in the Province of Quebec. You hereby expressly and irrevocably waive any objection based on lack of territorial jurisdiction or any claim based on forum non conveniens.

  1. Corporation and legal notice

This website and its content are the exclusive property of:

Holdme Creations

624 Victor-Bourgeau Street
Saint-Jean-sur-Richelieu (Quebec) J3B 0K7

Phone number: 438 448-8662
Email: info@holdmecreations.com

If you have any questions or comments, we invite you to contact Holdme’s customer service department at the abovementioned address, email or phone number.

  1. Update

The Terms of Use were last updated September 14, 2020.