Club Terms and Conditions
Terms and conditions MESBOBETTES
You will find below the General Conditions for MESBOBETTES subscribers. If you subscribe to MESBOBETTES, here are the Conditions that apply to your subscription.
Thank you for choosing MESBOBETTES. This document contains the terms and conditions (the "Conditions") upon which your paid subscription, trial or otherwise in Canada ("Subscription") to the CLUB MESBOBETTES ("CLUB") Service and any other Service (as defined below ) is subject. The Services will be provided for a term agreed to by you and will renew for additional periods of the same duration and on the same billing terms, until cancelled, terminated or discontinued by you or us. Please retain this document for your records.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OR ACCESSING OUR WEBSITE OR OUR SERVICES. BY USING OR ACCESSING OUR WEBSITE OR SERVICES, YOU AGREE TO BE BOUND. MESBOBETTES IS PROVIDING YOU, AND YOU CONFIRM THAT YOU HAVE OBTAINED, AN EXPRESS OPPORTUNITY TO ACCEPT AND REJECT THESE TERMS AND CONDITIONS AND TO CORRECT ANY ERRORS BEFORE ENTERING INTO ANY AGREEMENT WITH MESBOBETTES RELATING TO THE SERVICE. BY (A) CLICKING "I AGREE" OR OTHERWISE ACCEPTING IF THIS AGREEMENT IS PRESENTED ELECTRONICALLY, (B) OTHERWISE PROVIDING YOUR CONSENT TO US (SUCH AS THROUGH A CUSTOMER SERVICE REPRESENTATIVE OR INTERACTIVE VOICE RESPONSE) OR (C) BY ACTIVATING THE SERVICE, YOU AGREE TO THE TERMS AND CONDITIONS OF THE AGREEMENT, INCLUDING THE LIMITS ON OUR LIABILITY, AND AGREE TO REQUIRE THAT ALL PERSONS WHO USE THE SERVICES OR THE RECEIVER UNDER YOUR ACCOUNT COMPLY WITH THIS AGREEMENT.
1. CONTACT INFORMATION You can contact MESBOBETTES Customer Service by (a) calling 1-855-BOBETTE, or (b) writing to: MESBOBETTES, 14 Wellington Street N., Sherbrooke, Quebec, J1H 5B7 , to the attention of: Customer Service, or (c) sending an email to: info@mesbobettes.ca.
2. CHANGES TO TERMS AND SERVICE a) Changes to Terms. These conditions (including prices and fees) may be modified from time to time unilaterally by MESBOBETTES upon presentation of a notice of at least thirty (30) days, and the said modifications will take effect as soon as you use the service after said thirty (30) day period (which use shall be deemed conclusively to indicate acceptance of such changes).
If we make any changes, we will post a notice on our website that these Terms have been changed and the effective date of any such change, send you a notice describing the changes and their effective date effective or send you a new copy of the Terms to replace these Terms. YOU WILL RETAIN THE RIGHT TO CANCEL YOUR SUBSCRIPTION AT ANY TIME IF YOU FIND THE TERMS UNACCEPTABLE.
b) Changes to CLUB Settings. The service includes a stylist finding the best underwear to match your style. Many different and changing factors affect the availability, cost and quality of underwear, as well as customer demand for it. Accordingly, we reserve the absolute right to modify, rearrange, add or remove items from the CLUB at any time, with or without notice to you.
c) Special Offers. We may, from time to time, offer special offers which supplement or modify the terms set out in these Terms. The terms of such offers, including their eligibility requirements for participation, will be set forth separately. In the event of any conflict between these terms and those of any offer, the terms of that offer prevail. Only offers made or explicitly authorized by MESBOBETTES can modify the terms established in these conditions.
3. PAYMENT FOR SERVICE In consideration for the service received, you agree to pay us as follows:
a) Subscription Fees. You must pay the subscription fee on the day of your registration and each month for the monthly subscription, at the price in effect at the time of payment, for any service ordered for personal use or for a third party, until the end of all periods and cancellation of your service. You are responsible for all subscription fees, other fees and purchases charged to your account.
b) Payments. You must pay all fees and taxes in Canadian dollars by credit card (visa or mastercard) or through Paypal. The outstanding balance is due in full each payment period. If you wish to dispute a charge, you must contact our Customer Service within 15 days following the date on which the payment in question is due: OTHERWISE, YOU WAIVE YOUR RIGHT TO DISPUTE THE CHARGE. Undisputed portions of your account must be paid before the due date to avoid late fees and possible deactivation of service.
c) Automatic Renewal. Please refer to your statement for the duration of your subscription. Your subscription will continue until the end of your initial term and, when your prepaid subscription expires, will automatically renew for another prepaid term of the same duration, unless you choose to cancel it before such renewal, or if your service is cancelled, terminated or discontinued by you or us, or if you choose another service plan. The rates in effect at the time of renewal will be charged. We may, at our discretion, process your renewal on a monthly basis rather than in accordance with the chosen subscription term.
d) Taxes. You are responsible for paying all taxes or other government fees, if any, charged under the service address listed in your account.
e) Change of address or credit card information. You must promptly notify Customer Service of any changes to your name, billing address, service address, email address, phone number or credit card information.
f) Promotional Offers. Promotional offers may be billed at different rates and may be non-refundable. We may from time to time offer service under a multi-month agreement or on a promotional basis. If applicable, you agree to pay for the Services to be received and ordered by you in accordance with the terms of the applicable billing plan and promotion to which you agree, including, without limitation, payment of any early termination fees if you terminate your Services prior to expiration of a minimum commitment period.
4. USE OF SERVICE a) Eligibility. You must be at least 18 years old (or of legal age in your province of residence) to assume the obligations set forth in these Terms. A minor may only use the service if a parent or duly appointed guardian assumes the obligations established in these conditions and thus assumes full responsibility for the use of the service by this minor.
b) Service area. We offer the service only in Canada. If Your Service Address is not located in Canada, Your Receiver (defined below) will not be activated to receive Service. We reserve the right to audit any address you provide to us, to terminate your service, and to retain any payment you have made to us, if you have provided us with an incorrect service address.
f) Service Interruptions. The service may not be offered or may be interrupted from time to time for various reasons, for example because of environmental, topographical or other situations over which we have no control. We are not responsible for any service interruptions.
g) Security. You are responsible for exercising caution and observing all security measures required by law and as dictated by your common sense. All actions and judgments relating to the Service are yours. You assume the entire risk associated with the use of the service.
k) Use of the Website. You assume responsibility for the use of this website. You agree that anyone who uses your website-issued identity will be treated by us as having been authorized by you to access your personal information contained on our website, and take other actions on your behalf. You indemnify MESBOBETTES and its affiliates against all damages, costs, expenses, liabilities and claims arising from any action taken by any person or entity using your username/password on this website. You waive all claims against MESBOBETTES, its directors, officers, employees, suppliers and programmers that may arise from the use of this website. At the end of each online session, you must completely disconnect from the service. In the event that your connection code, user code/password is lost, stolen, sold, transferred or if you are dispossessed of it without your permission, contact us immediately so that your personal identifiers can be deactivated and reissued. .
We may allow users to exchange information, ideas and opinions on our website. The information, ideas and opinions posted by users do not necessarily correspond to those of MESBOBETTES. We assume no responsibility for the accuracy of information, ideas and opinions posted by users. We cannot be held responsible for any claims, damages or losses arising from information, ideas and opinions posted by users. You authorize us to use and publish any material you post to this website, in any way we choose and without any obligation to pay you or anyone else. If you post material on our website, you must not:
• harass, defame, intimidate or threaten another user; • violate another user's privacy rights; • distribute chain letters, surveys or contests; • posting defamatory material (ie material that tarnishes the reputation of a person or company); • post obscene or indecent material; • display any trademarks, logos or copyrighted material without the permission of the owner; • post material that may interfere with the operation of a computer (such as a virus, worm or Trojan horse); or • advertise or sell products or services.
6. SUSPENSION AND CANCELLATION a) Cancellation by you. If you do not have an annual contract, you may cancel your subscription at any time by notifying Customer Service, but we require a maximum of 14 days notice from you before such cancellation takes effect. If you cancel your biannual or annual subscription before it expires, you will receive a refund equal to half the cash value of the months remaining in the member plan, unless otherwise specified in any service offer you accept. IN THE UNLIKELY EVENT THAT WE CEASE PROVIDING THE SERVICE, EITHER AS A RESULT OF LIQUIDATION, BANKRUPTCY, OR OTHERWISE, ALL PREPAID SUBSCRIPTIONS WILL BE TREATED AS NON-REFUNDABLE.
b) Cancellation by us. We reserve the right to cancel your service at any time if you fail to pay amounts due to us by their due date, breach any of these terms or for any other reason. , at our sole discretion. If your subscription is cancelled, you remain responsible for payment of any outstanding balance as of the date of cancellation, including all fees described herein.
7. PRIVACY By transmitting personal information to MESBOBETTES, you agree to the collection, transfer, storage and use by MESBOBETTES of this information for the purposes of administering your service and in accordance with our protection policy. of privacy. You can consult our privacy policy on the mesbobettes.ca website.
8. LIMITS ON OUR LIABILITY a) DISCLAIMER. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, AS TO THE SERVICE. ANY WARRANTY SO DESCRIBED (INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT ARE HEREBY EXCLUDED.
b) LIMITATIONS OF LIABILITY. WE ARE NOT LIABLE FOR ANY SPECIFIC, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSS WHATSOEVER IN CONNECTION WITH THE USE OF OR PURCHASE OF THE SERVICE, WHETHER SUCH DAMAGE OR LOSS IS ATTRIBUTABLE TO NEGLIGENCE OR ANY OTHER CAUSE AND WHETHER OR NOT WE ARE AWARE OF THE POSSIBILITY OF ITS MANIFESTATION. OUR TOTAL LIABILITY TO YOU AND ANY OTHER PERSON RECEIVING THE SERVICE, REGARDLESS OF CAUSE, SHALL IN NO EVENT EXCEED THE AMOUNTS YOU PAID US FOR THE SERVICE YOU RECEIVED DURING THE SIX MONTH PERIOD IMMEDIATELY PRIOR TO THE PARTICULAR EVENT WHO CAUSED THE DAMAGE OR LOSS. THIS ALLOCATION OF RISK TOGETHER WITH THE DISCLAIMER OF WARRANTY IN SECTION 8(a) ARE REFLECTED IN OUR PRICES AND ARE A FUNDAMENTAL ELEMENT OF OUR AGREEMENT TO PROVIDE THE SERVICE.
c) Trademarks. MESBOBETTES and the MESBOBETTES logo are service marks. Neither your access to or use of the Service or Website nor these Terms grant to you any right, title or interest or license to reproduce or otherwise use the trademarks or trademarks, service marks, graphics , logos or domain names of third parties. Any Trademark goodwill generated as a result of your use of the Service will inure to our benefit. At no time will you contest or assist anyone else in contesting our rights, titles or interests with respect to the trademarks, or the validity of the trademarks or intellectual property rights of MESBOBETTES.
10. DISPUTES In order to expedite the resolution of disputes and to control costs, you agree that any fair and legal claim (a "Claim") relating to the Service, your subscription or these Terms, will be settled as follows:
a) Amicable settlement. We will first attempt to settle all complaints out of court. Accordingly, neither you nor we may take formal action (except for claims described in Section 10(d)) for at least 60 days after either party notifies the other in writing of a claim. . Before initiating a claim, you must send notice by registered mail to the address at the beginning of these conditions. If MESBOBETTES initiates a claim, we will send notice to you at the service address we have on file.
b) Formal Resolution. Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, under statute or regulation or otherwise, and whether pre-existing, contemporaneous or future), due to or relating to: a) these conditions, (b) oral or written statements, announcements or promotions relating to these conditions, (c) the relations arising from these conditions (including relations with third parties who are not signatories to these conditions) (collectively, the “complaint”) will be referred to mediation (minimum of two sessions), if necessary. Except where prohibited by applicable law, you agree to waive any right to bring or participate in any class action lawsuit against us with respect to any claim and, if place, you also agree to opt out of any class action lawsuits against us. If you initiate a claim, you must give us notice of mediation in writing to the address appearing at the beginning of these Terms.
If we initiate a claim, we will send you a notice of mediation in writing to your address with the name of the mediator assigned to the dispute. Unless notice to the contrary within FIVE (5) days of receipt of the notice to the effect that you contest the chosen mediator, you are bound to have accepted the choice of the mediator.
c) Exceptions. Notwithstanding the foregoing, any dispute relating to the validity of either party's intellectual property rights or our licenses to operate our business; and claim based on Section 10(b) above; can only be settled by a competent court. Nothing in these Terms shall prevent us from terminating your service for non-payment of amounts due to us when due. Further, nothing in these Terms shall prevent us from filing a lawsuit in a court of competent jurisdiction seeking to recover any amounts due.
11. MISCELLANEOUS a) Notice. Notices sent to you will be deemed given when mailed or emailed. Notices may be attached to statements or other correspondence with you. We may also notify you by telephone, and such notice will be deemed given when a message is left for you, someone answers the telephone at your residence or a message is left on the answering machine or voice mail system at your phone in our records. Notices you send to us are deemed given when we receive them at the address (civic or email) or telephone number listed at the beginning of these Terms.
b) Applicable law. The interpretation and execution of these conditions will be governed by the laws of Canada and the province of Quebec. These Terms may be amended if required by such laws. Any recourse exercised must be brought in the district of St-François or Montreal.
c) Assignment of Account. We may assign your account and all rights and obligations hereunder to any third party whatsoever, without notice and for any purpose, including but not limited to the collection of unpaid sums, in the event of an acquisition, corporate restructuring , merger or sale of a substantial portion of our assets to another company. You hereby consent to such assignment. Unless otherwise specified, you must continue to make all payments due to us in accordance with your billing statement.
d) Other. These Terms constitute our entire agreement with respect to your Service. No seller or representative is authorized to modify them for you, although MESBOBETTES may do so without notice. If any provision is declared by a competent authority to be invalid, then that provision shall be deleted or modified to the extent necessary, and the remainder of the terms shall remain enforceable. Any Specific Terms which expressly or by their very nature survive expiration shall remain enforceable thereafter until fulfilled.
THANK YOU FOR CHOOSING MESBOBETTES.