Section 1: Scope of Application
The delivery of all our products for the realization of training sessions and advice for the development of personality and organization takes place without exception, on the basis of the following general terms and conditions of sale and delivery in their context, valid at the time of placing the orders. By placing his order, the purchaser declares himself to be in agreement with the basis of this contract. The purchaser's terms and conditions of purchase are declared invalid. They will also not be recognized unless we expressly declare them invalid after receipt.
Section 2: Contractual Partner
The purchaser's contractual partner is persolog Canada, 1226, ave Charles-Huot, Québec, Qc, Canada, G1T 2L8.
Section 3: Conclusion of Contract
- The illustration of the products in the online store - as well as in the printed catalog - is not binding.
- The purchaser is obliged to provide reliable information when registering (logging in). The purchaser must report changes to data relevant to the business relationship (e.g. name, address, e-mail address, consumption characteristics) without delay or at least before the next purchase order. In the event that false information is provided to us, we reserve the right to cancel already concluded contracts and to block the purchaser from our online store.
- By making an online purchase, the buyer automatically declares that he wishes to purchase the contents of his shopping cart (contract offer). We reserve the right to accept this contractual offer, in whole or in part, under the terms of delivery that we have indicated upon delivery of the goods, by separate acknowledgement of receipt or otherwise. When the buyer places an order with persolog ®, an e-mail will be sent to him confirming the receipt of the order by us and listing the details of the order (order confirmation). This order confirmation does not represent the acceptance of the offer, but simply indicates that we have received the order. A contract of sale only comes into effect when we dispatch the ordered product to the purchaser. We are under no obligation to accept purchase orders.
- The buyer ensures that he can be contacted at the e-mail address indicated by him. If the receipt of e-mails is hindered by the transfer or closure of his account or if his mailbox is full, we retain the right of withdrawal.
- In the case of telephone orders, we may make the conclusion of the contract subject to written confirmation of the order by the customer.
- In the event of a discrepancy between the order form and the order confirmation, our declaration shall prevail insofar as the discrepancy does not constitute a new order form.
- If the purchaser receives a password to access our online store, he undertakes to keep this password confidential and not to make it accessible to unauthorized third parties. We assume no liability for the misuse of a password caused or made possible by the purchaser.
- Current technology does not guarantee error-free and uninterrupted data communication via the Internet. The liability of persolog ® for the continuous and uninterrupted availability of its online trading system as well as for technical or electronic errors during a sales session is therefore excluded.
- Obvious mistakes and errors in spelling, printing or calculation made in the presentation of an offer or in the context of a contract confirmation are not binding for us.
- The customer has the option of concluding the purchase contract in English or French, if he so requests.
Section 4: Information on the Right of Revocation
Right of revocation
The customer has the right to revoke his declaration of contract within two weeks by using our cancellation form or by an express declaration of cancellation stating the reasons for cancellation or - if the item has been delivered to him before the revocation deadline - by returning it. The revocation period begins with the receipt of the goods by the recipient (for repeated deliveries of the same goods, it begins with the receipt of the first partial delivery). The dispatch of the revocation or the timely return of the goods is deemed sufficient to meet the revocation period. All revocations must be sent to persolog Canada: persolog.canada@gmail.com.
Consequences of revocation
In the event of a valid revocation, all services received from each other in the form of goods supplied and, where applicable, emoluments taken (e.g. interest), must be returned..
Delivered goods
If the customer is unable to restore or return, in whole or in part, services or products received, as well as any benefits arising therefrom (e.g., amenities and benefits of use) or can only return them in a deteriorated condition, he may compensate us accordingly. He is only liable to pay compensation for the deterioration of the services or products received and the benefits arising therefrom if the benefits or deterioration result from handling the products beyond the scope of the test and evaluation functions. The "testing of features and functions" consists of examining and testing the products in question in the same manner as is possible and customary in a retail store. Goods that can be shipped in packages must be returned at our risk. The customer is obliged to bear the regular costs of the return if the products delivered correspond to those ordered. Reimbursement of payment obligations must be fulfilled within 30 days of the declaration of revocation. The period of the obligation to reimburse begins for the customer when he has sent his declaration of revocation or the goods and, for us, when we have received it.
Services
This may mean that the customer must nevertheless meet the contractual payment obligations for the period up to revocation. Obligations to reimburse payments must be fulfilled within 30 days. The period of the obligation to reimburse begins for the customer when he has sent his revocation declaration and for us when we have received it.
Termination of the right to revoke information
The right of revocation does not exist for distance contracts, including documents which have been produced according to customer specifications or which have been clearly adapted to personal needs or which, due to their properties, are not suitable for return or in the form of audio or video recordings or software if the seal of the delivered data carriers has been broken by the consumer.
General information
- The customer shall avoid damage and/or contamination of the goods. He will try to return the goods in their original packaging with all accessories and all packaging components. He will repack them for further protection if necessary. If the Customer has not retained the original packaging, the Customer shall ensure that the goods are packaged in such a way as to provide sufficient protection against damage that may occur during transport.
- The customer shall take the necessary steps to return the goods at his own expense in full, unless we are responsible for this. In this case, we will send the necessary funds to cover the return shipping costs.
- Points 1 and 2 above do not constitute conditions for the exercise of the right of revocation with effect.
Section 5: Changes in Conditions / Technological Advances
- Our products are constantly updated and improved. Changes can therefore be made at short notice to sales data regarding features and prices.
- If the orders are executed in accordance with the changes mentioned in point 1, the purchaser may withdraw from the contract. This withdrawal from the contract must be communicated to us in writing within one week from the date on which the purchaser became or could have become aware of these changes. The contact specified in section 4, paragraph 1, must be used.
- All images we use to represent goods are only photographic examples. They do not necessarily describe the relevant item in all cases, but rather serve to illustrate. The description of the item is relevant.
- Drawings, illustrations, technical data, weights, measures and descriptions of products and services must be understood as approximate values. They are only binding if they are expressly indicated by us in writing. Details of the nature of the goods are then only guaranteed when the appropriate guarantee is indicated by us and in writing. The condition of an item prior to its release remains subject to change insofar as the quality of the products is not or only slightly affected.
Section 6: Delivery / Force Majeure
- The customer's order will be processed by us as soon as it is received. Normally, the order will be delivered between 1 and 3 working days after receipt of the order. Normal working days are those of the persolog ® offices.
- Delivery is subject to the availability of goods. If the work ordered has not yet been published, the order will be noted where possible. For products out of stock, the buyer has the choice to cancel the order and have it recorded for possible reprints or new editions. In any case, he will be informed without delay of the unavailability of an article. In case of non-delivery, any advance payment will be returned to the buyer without delay.
- Temporary shipping delays due to causes of force majeure (war, trade restrictions, strikes, traffic delays, natural disasters, etc.) and other unforeseeable events for which we cannot be held responsible give us the right to postpone delivery until the cause has been eliminated. We will inform the purchaser immediately of the presence of such obstacles. If such hindrances remain more than two weeks after the usual delivery date, the purchaser and we shall be entitled to withdraw from the contract after an appropriate period of time.
- Claims of the purchaser for damages due to late delivery or non-delivery are excluded.
- The purchaser agrees that the postal services may provide us with their correct address in the event that a postal consignment cannot be delivered to the address indicated.
Section 7: Price and Additional Expenses
- All prices are included - unless otherwise indicated - as including applicable taxes in Canada in each case. In the event of a change in tax rates between the time of the order and the time of delivery, the taxes applicable at the time of delivery must be paid.
- Upon updating our website, all previous prices and other details regarding our products become invalid.
- In the case of a group order of our products, we apply variable prices according to the quantities requested.
- Shipping within Canada: When ordering a single product, a flat rate (indicated on the website) is applied to cover the cost of packaging and shipping.
- Shipping outside of Canada: the request will be subject to a detailed offer from us and acceptance by the customer before any shipment. This offer will take into consideration only the additional shipping costs.
- If we make partial deliveries at the request of the purchaser, he will assume all additional costs resulting therefrom.
Section 8: Terms of Payment
- Payment can be made by Paypal or a credit card (MasterCard or Visa). Your credit card or Paypal account will be debited at the end of the order. A payment is considered to have been made as soon as we can dispose of the amount paid.
- Upon submission of the invoice without discount or other deductions, all deliveries are to be paid in one installment or on the due date indicated on the invoice. When paying, we implicitly request that the invoice number be indicated. An invoice is overdue if it has not been paid or equivalent arrangements are made for payment within 30 days of the submission date and due date of the invoice. In the event of disagreement between the parties regarding receipt of the invoice, the debtor shall be in default of payment no later than 30 days after the due date and after receipt of the return.
- In the event of non-payment by the client, persolog Canada has the right to claim a late payment penalty of 5% for individuals, 8% for businesses, above the annual base interest rate of the European Central Bank. In the event persolog Canada obviously incurs greater damages due to late payment, persolog Canada has the right to claim these fees.
Section 9: Right of Retention
The purchaser may only exercise a right of retention if his counterclaim is based on the same contractual relationship. The purchaser is only entitled to have his account paid when his counterclaim has been legally established or recognized by us. Furthermore, he is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
Section 10: Failure to Accept
- For the duration of the delay in acceptance on the part of the purchaser, we reserve the right to place the goods in storage at the purchaser's risk and expense. In this case, we can call upon a transport agency or a warehouseman. Storage fees will be invoiced monthly at a flat rate of 1% of the net invoice value of the stored goods, but not exceeding 40$CDN. We reserve the right to verify the highest actual costs and invoice them. The buyer is entitled to prove that little or no storage costs have been incurred.
- If we withdraw from a contract due to a delay in acceptance on the part of the purchaser, we reserve the right, upon presentation of additional legal conditions, to charge a lump sum of 25% of the agreed net invoice value. The assertion of higher damages remains our right. The purchaser is entitled to prove that the damage caused was minimal or even zero.
Section 11: Retention of Title
- The products sold remain our property until all claims that the customer has made against us within the framework of our business relationship have been settled.
- The customer is entitled to dispose in the ordinary course of business of products over which we have proprietary rights or over which we have operating licences. We may cancel this authorization at any time. In particular, it expires in the event of suspension of payment by the customer.
- In the event of a combination of goods that may be retained with other goods, we shall retain co-ownership of the new item in proportion to the invoice value or our goods in relation to the invoice value of the other combined goods. The purchaser shall retain for us the goods subject to retention of title and/or co-owned items free of charge. Pledging of goods or transfer by way of security of goods of which we are (co-) owners is not permitted. In the event of access to these goods by third parties, the purchaser shall point out that we are the owners and shall notify us immediately.
Section 12: Complaints
- Apparent defects in the products must be reported to us in writing immediately after delivery; otherwise the seller's warranties in this respect shall be inapplicable. Apparent transport damage, as well as hidden damage, must be reported to the transport agent and recorded at the earliest opportunity. In the event of significant damage in transit, acceptance of the shipment must be refused. In the event of any complaint regarding damage, the goods that are the subject of the claim must be returned, together with their complete accessories and a copy of the delivery note or invoice delivered with the goods. A precise description of the defect(s) must also be included. The goods must be returned in their original packaging or in other suitable packaging. This does not affect the statutory warranty: in particular, there is no reduction of the statutory limitation period.
- 2. If the purchaser does not specify the type of supplementary performance desired in his notification of damages, we shall be entitled to choose. If the purchaser has not included the complete accessories when returning the defective goods, he will be charged additional costs at his retail price in the case of subsequent delivery with the corresponding accessories. Replaced goods or parts shall become our property. If the purchaser cancels a sales contract due to a defect, the non-returned delivery items will be deducted from our credit note at the retail price.
- If a defect claim proves to be unjustified, we will return the goods that are the subject of the objection to the purchaser. The costs, including the costs of inspecting the product, shall be borne by the purchaser. We reserve the right to charge a lump sum of CDN$75 as compensation for exceptional expenses. The application of a higher charge remains our right. The buyer has the right to prove that our special expenses were actually lower. We may make the return of the goods subject to the payment of our invoice.
- No warranty will be assumed for damage caused by improper or inappropriate use.
- If the goods should be used later despite knowledge of a defect, we will only be liable for the original defect, but not for defects caused by subsequent use.
Section 13: Liability
We shall be liable for unlimited compensation for breach of contractual and non-contractual obligations in the event of fraudulent intent, intent or gross negligence. Liability for negligence is excluded. Our liability under the product liability laws by way of a guarantee or for personal injury shall remain unaffected.
Section 14: Place of Jurisdiction / Applicable Law
- The law of the Province of Quebec, Canada, applies to the legal relations between the buyer and persolog Canada, without reference to the provisions of international law and to the exclusion of the United Nations Sales Law (CISGG). If the buyer is also the user, the law of the buyer's place of residence may also apply, insofar as mandatory provisions relating to consumer rights are involved.
- If the buyer is also the seller, Quebec City shall be the exclusive place of jurisdiction for all claims arising from the business relationship.
Section 15: Data Protection
Personal information used to fulfill contractual obligations undertaken by clients is obtained and processed in accordance with the provisions of the Privacy Act. persolog Canada is responsible for the proper use of personal data. persolog Canada is authorized to transmit personal information only to contractors authorized to perform the contract and who use this data in accordance with persolog Canada's instructions. Information that is no longer necessary to fulfill the original purpose and that is not subject to a legal retention period will be deleted. The customer has at any time the right of disclosure, correction, blocking and deletion (unless legally obliged to retain) of his personal data. A request for disclosure must be made in writing.
Section 16: Intellectual Property Rights
persolog ® is a protected trademark of persolog GmbH.
Section 17: Severability Clause
Should one of the above-mentioned clauses be totally or partially ineffective, its ineffectiveness will not affect the other clauses or parts thereof.
Section 18: Contact
We are available for our customers by phone on weekdays from 9:00 am to 6:00 pm at 1 (418)265-5837. E-mail orders are available at any time at persolog.canada@gmail.com.
