Modalités et conditions

BY USING THIS WEBSITE YOU AGREE TO THESE TERMS AND CONDITIONS.  PLEASE READ THEM CAREFULLY. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT AUTHORIZED TO ACCESS AND/OR USE THIS WEBSITE.

1. GENERAL
This website is owned and operated by CEFALY Technology SPRL (RUE LOUIS PLESCIA, 34 4100 SERAING, BCE n°870.578.661, hereafter referred to as "CEFALY").  Unless otherwise provided, this website is provided “as is” and “as available”, although reasonable efforts are used to ensure that the website is current and contains no errors or inaccuracies.

IN SOME JURISDICTIONS, INCLUDING THE PROVINCE OF QUEBEC, CONSUMER PROTECTION LEGISLATION DOES NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW MIGHT NOT APPLY TO YOU.

CEFALY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK AND THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE.

CEFALY ASSUMES NO RESPONSIBILITY FOR MISDIRECTED, STOLEN OR OTHERWISE COMPROMISED COMPUTER TRANSMISSIONS, HARDWARE OR SOFRWARE FAILURES, OR OTHER TECHNICAL MALFUNCTIONS AND ASSUMES NO RESPONSIBILITY FOR ANY VIRUSES, WORMS OR OTHER POTENTIALLY DAMANGING PROGRAMS OR FILES AFECTING YOUR COMPUTER EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO OR USE OF THIS WEBSITE.  IN NO EVENT WILL CEFALY OR ANY OF ITS DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY LOSS OR DAMANGES OF ANY KIND RELATING TO YOUR USE OF THIS WEBSITE OR ANY WEBSITE LINKED TO IT INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

You agree to defend, indemnify and hold CEFALY, its employees, directors, agents and representatives harmless from and against any and all liabilities, costs and expenses including reasonable attorneys’ fees, related to any violation of these terms and conditions by you or in connection with your use of this website.

2. INTELLECTUAL PROPERTY RIGHTS
All content included on or made available through this website including without limitation all text, logos, images or other graphics, audio clips, code and software and presentation of such content is the property of CEFALY or its content suppliers and is protected by Canadian and international intellectual property law including, without restriction, patent, trademark, copyright, and trade secret laws.   

3.  USE OF SITE
You are permitted to view and download the materials on this website for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials or any copies of the materials. Unless authorized in writing by CEFALY, you may not modify the materials in any way or reproduce or publicly display, perform, or distribute, copy, transmit, publish, license, create derivative works from, transfer or sell or otherwise use them for any public or commercial purpose.  The materials on this website are copyrighted and any unauthorized use of any materials may violate copyright, trademark, and other laws. If you breach any of these terms and conditions, your authorization to access and use this website automatically terminates and you must immediately destroy any downloaded or printed materials.

4. LINKS TO THIRD PARTY WEBSITES 
This website may contain links to other websites which are provided solely as a convenience to you.  If you use these links, you will leave this website. CEFALY has not reviewed all of these third party websites and has no control over and is not responsible for any of these websites or their content. CEFALY does not endorse or make any representations about any such websites, or any information found therein, or any results that may be obtained from using them and expressly disclaims any liability relating to your use of those websites.

5. USER SUBMISSIONS
Information or other communication you transmit or post to this website including any rating, reviews, comments or other communications will be considered non-confidential and non-proprietary.  You represent and warrant that the content you transmit or post:  does not infringe any third party intellectual property rights and you are the sole author and owner of the intellectual property rights thereto; is accurate and is not false or misleading; does not violate any law, statue, ordinance or regulation and is not libelous, defamatory, threatening, or obscene; does not contain any computer viruses, worms or other potentially damaging programs or files; does not contain any advertisements or spam; and will not cause injury to any person or entity.  You acknowledge that you are responsible for the contents of your submission and that none of the content you submit will be subject to any obligation of confidence on the part of CEFALY.

You waive all moral rights you may have in such content and grant a perpetual, irrevocable, royalty-free, transferable right and license to CEFALY and its designees to copy, disclose, distribute, modify, delete, incorporate and otherwise use the content for any and all commercial or non-commercial purposes throughout the world with no compensation to you.

CEFALY reserves the right to modify, delete or refuse to post any content on its website that it deems, in its sole discretion, to violate these terms and conditions.

6. TERMS AND CONDITIONS FOR ONLINE PURCHASES 
All sales of product by CEFALY to a Purchaser are subject to the following terms and conditions.  

Depending on the context and unless otherwise stated, the term "Product(s)" shall mean any medical or cosmetic device, equipment, tool, product, item, packaging, box and other accessories manufactured and/or supplied by CEFALY. 

A. OFFER, ORDER AND CONFIRMATION
All prices listed on this website are subject to confirmation. Any specification or data contained in product listings, brochures, price lists and other documents is provided for informational purposes only. Product specifications and prices may be changed at any time without prior notice.

You may only purchase or order Products for non-commercial purposes.  CEFALY reserves the right to limit the quantities that you can purchase and to the extent permitted by law, we reserve the right to reject, correct, cancel or terminate any order for any reason at any time.  

All orders will be confirmed by CEFALY through the issuance of a confirmation (“Order Confirmation”), either in electronic or physical form.  We rely on the information you provide including contact information, payment information, and other transaction related information.  You we be solely responsible and liable for any loss, damage, and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information.

B. PRICE, PAYMENT AND BILLING
Prices listed on the website are in Canadian dollars and do not include sales taxes or delivery fees.  You agree to pay for all charges noted on the Order Confirmation including any taxes (included goods and services tax, harmonized sales tax, provincial sales taxes, or other similar taxes) payable on the purchase of the Products.  The total price of your order will be charged to your credit card or become due and payable on issuance of your Order Confirmation.  If you wish to cancel your order, you may request cancellation by calling us or through your account, however if your order has been shipped your cancellation may not be effective.

C. DELIVERY
CEFALY will use commercially reasonable efforts to deliver your order to the location specified in the Order Confirmation within 30 days of issuance of the Order Confirmation.  CEFALY will not be responsible for any delays in delivery beyond its control.  Where delivery is delayed, CEFALY will notify you as soon as possible.  CEFALY will only be held liable if the delay is significant and is directly and exclusively attributable to a serious and intentional fault on the part of CEFALY. The purchaser has no right to refuse the products or to demand compensatory compensation for delay in delivery that could not be considered unreasonable. 

Products will not be delivered to an address outside of Canada.

D. RETURNS AND EXCHANGES
Return or exchange requests for manufacturing or design defects are subject to the warranty contained in the CEFALY manual and, in the Province of Quebec, subject to any applicable legal warranties, and may not be returned or exchanged except as provided therein.

E. USE AND HANDLING OF THE PRODUCTS
The purchaser acknowledges that the products:
    •    are medical devices that must be used in accordance with the terms of marketing authorization and the user manual; and
    •  are fragile items that must be handled carefully and must be stored in their cover, in a dry and clean area. 

F. DISCLAIMER OF LIABILITY FOR PURCHASED PRODUCTS
Subject to your ordinary remedies at law, products that are deliberately or negligently damaged (breakage, humidity, inadequate temperature, oxidation, liquid infiltration, electrical surge, fire, or other force majeure) and products with traces of opening (or repair and / or modifications made by a third party not approved by CEFALY) are excluded from the warranty; similarly, this warranty is not applicable to the extent that the damage results from wear, transport, misuse and / or non-compliance with the instructions contained in the user's manual.

If any liability is implied for whatever reason, CEFALY's liability shall be strictly limited to direct and foreseeable damages suffered by the purchaser, that are the exclusive and direct consequences of a gross and willful misconduct of CEFALY, excluding any loss of earnings, of profit, of savings or of clientele, increase of costs and expenses or any indirect damage and loss. Any compensation due by CEFALY shall ever exceed 30% of the value of the contract. Nevertheless, this provision does not limit CEFALY’s product liability imposed by the applicable law.

7. CONFIDENTIALITY AND PROCESSING OF PERSONAL INFORMATION
CEFALY will collect, use, and disclose your personal information only in accordance with CEFALY’s Privacy Notice as available on our cefaly.com website and applicable Canadian privacy laws.

8. APPLICABLE LAW AND COMPETENT JURISDICTION
This agreement shall be governed by, construed and interpreted in accordance with the laws of the Province of Ontario, or the laws of the Province of Quebec for Quebec residents, and the laws of Canada applicable therein.  

Both parties attorn to the exclusive jurisdiction of the courts of competent jurisdiction sitting in Toronto, Ontario, or the course of the Province of Quebec for Quebec residents.

9. MISCELLANEOUS
These terms and conditions constitute the entire agreement between the parties relating to its subject matter and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, of the parties with respect to such subject matter and may not be amended without the prior written approval of CEFALY.  

To the extent permitted by law, the invalidity or illegality of a clause will not affect the validity of the other clauses of these terms and conditions. 

These terms and conditions will inure to the benefit of, and be binding upon, the respective successors and assigns of the parties.

CEFALY may modify these terms and conditions from time to time, for any reason and without notice, by posting revised terms and conditions on this website.  Please review these terms and conditions periodically so you are aware of any changes.  If you continue to use this website after the revised terms and conditions are posted, you will be deemed to have agreed with them.

Last update: December 10, 2019