Terms of Use for Website and Online Purchases

ATTENTION! PLEASE Read thESE Terms of use carefully before using this Site. By using the website www.roseoubleu.com (the “Site”), you unconditionally consent to the practices described in these Terms of Use for Website and Online Purchases (the “Terms”) and the Privacy Policy (the “Privacy Policy”) [INCLUDE HYPERLINK for privacy policy]. The Terms and the Privacy Policy constitute a binding legal agreement between you and 9061-1997 Québec Inc. (“Rose ou Bleu”) governing your access to and use of the Site. By using this Site, you agree to follow and be bound by the Terms and the Privacy Policy. If YOU do not accept the Terms and the Privacy Policy, YOU should not use this Site.

Rose ou Bleu reserves the right to change the Terms and the Privacy Policy as well as the products and services offered or described on the Site at any time at its sole discretion, without notice and without liability. Rose ou Bleu encourages you to frequently review the Terms and the Privacy Policy.

If you do not have the age of majority in your province of residence, you must obtain permission from a parent or guardian before using this Site. 

Use of the Site

You may not reproduce information or materials posted on the Site in any form or download, republish, display, publicly perform, distribute, sell, transfer, modify or use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and other laws and regulations. The Site and all text, graphics, logos, information, content and other materials posted on the Site or which can be downloaded are protected by copyright laws, trademark laws and other laws and can only be used in accordance with the Terms or with prior written consent of the owner of such material.

You cannot use the Site for any purpose that is illegal or unlawful or that is prohibited by the Terms. You may use or access the Site to determine the availability of goods or services offered by Rose ou Bleu and/or to make a purchase. Use of the Site for any other purpose, including for commercial purposes, is expressly prohibited. All rights reserved.

Protection of Personal Information

You confirm that you have read the Privacy Policy and agree that it is reasonable. You agree that Rose ou Bleu may use your personal information in accordance with the Terms and Privacy Policy and with the stated purposes contained therein.

User Communications

Other than personal information subject to the Privacy Policy, all communications or information, as well as all material, suggestions, ideas, concepts, know-how, techniques, questions, comments, or other communications by you, made in any manner, to Rose ou Bleu, its officers, directors, employees, consultants, representatives, agents, successors and assigns (the “Communications”) are and will be considered non-confidential and non-proprietary. You therefore grant to Rose ou Bleu a perpetual, royalty-free, irrevocable, transferable, unrestricted, sub-licensable right to use the Communications, for any purpose whatsoever, including without limitation, reproduction, transmission, disclosure, publication, broadcast, display, development, adaptation, translation, creation of derivative works, manufacturing or marketing, in any manner whatsoever, for any or all commercial or non-commercial purpose, without restriction and without any compensation. You represent and warrant that you have the right to distribute and reproduce the Communications and the right to grant the licence granted above. You hereby waive all moral rights in the Communications.

Rose ou Bleu may, but is not obligated to, monitor, edit, remove or review any Communications and is under no obligation to use, return, review or respond to any Communications. Rose ou bleu SHALL HAVE NO LIABILITY RELATED TO the content of ANY such communications, whether OR NOT ARISING under the laws OF copyright, defamation OR LIBEL, privacy, obscenity or otherWISE. Rose ou Bleu reserves the right to remove any or all Communications that contain material deemed inappropriate or unacceptable. Rose ou Bleu, its officers, directors, employees, consultants, representatives, agents, successors and assigns take no responsibility and assume no liabilityfor the Communications.

Username and Password

Certain portions of and certain activities on the Site require you to have a username and a password (the “Codes”). You agree to provide accurate and up-to-date information about yourself during the registration process and to promptly update this information as needed to ensure that it remains accurate and complete. You also acknowledge that you are responsible for any activity that takes place under your Codes and for logging out of your account at the end of each session.

Rose ou Bleu reserves the right to cancel or suspend your Codes at any time at its sole discretion, without notice and without liability to you or any other person. Rose ou Bleu is under no obligation to verify the actual identity or authority of any person using the Codes to access or use the Site. Rose ou Bleu may, at its sole discretion and at any time, require proof of identity of any person seeking access to and use of the Site and may deny such access, in whole or in part, if Rose ou Bleu is not satisfied with such proof.

You are fully responsible and liable for the confidentiality and security of the Codes as well as for any and all use or misuse which may result from your disclosure of the Codes. After accessing the Site using the Codes, you are responsible for closing the browser, clearing the browser’s cache and/or closing the session so that the Codes cannot be accessed by a subsequent user. If you suspect that your Codes are lost, stolen and/or known to be used by another person, you shall immediately notify Rose ou Bleu by telephone at (514) 948-3666, or toll free at 1 (866) 948-3666 or by e-mail at info@roseoubleu.com. Rose ou Bleu assumes no responsibility or liability, and cannot be held liable, for any damages arising from or related to your failure to keep your Codes confidential and secure.

Baby Gift Registry  

To create a baby gift registry, you must have reached the age of majority in the province where you are domiciled. In order to facilitate the purpose of the baby gift registry, you must agree to Rose ou Bleu’s collection, use and disclosure of personal information concerning your baby gift registry, all in accordance with the Privacy Policy, to any person who desires to have access to it. You accept that your first and last name, username, the first and last names of the recipient or beneficiary of the baby gift registry, your city and Province of residence, the city and Province of residence of the recipient or beneficiary of the baby gift registry, the date of the event and a list of all the items, products or other on your baby gift registry, are accessible and disclosed to any person who consults your baby gift registry. 

When you provide the name of a recipient or beneficiary of the baby gift registry, you represent and warrant to Rose ou Bleu that you have the authority to do so and that you have obtained the consent from such person in order to authorize Rose ou Bleu’s collection, use and/or disclosure of such information for the above mentioned purpose and in order to deliver the items, products or other to the recipient or beneficiary of the baby gift registry.

Contests

Rose ou Bleu may, at various times, organize contests open to users of the Site and to others. The contests are governed by the Terms and by the applicable contest rules. Each time you participate in a contest on the Site, you agree to be bound by the Terms and by the applicable contest rules.

Products and Services

The purpose of the Site is to provide information about the activities of the company. Rose ou Bleu strives to provide complete, accurate, precise and up-to-date information. However, it is possible that some of the information may occasionally be incomplete, inaccurate, imprecise or outdated. In addition, some weights, measures and descriptions are approximate and are provided for convenience only. Furthermore, the information on the Site is not exhaustive and may have changed since it was posted online. The content, information, features, products and the prices of the products and services described or shown on the Site are for information purposes only and are subject to change at any time without notice. Rose ou Bleu makes no representations or warranties regarding the completeness, accuracy or currency of any information of the Site. Rose ou Bleu shall not be liable for any omission, inaccuracy or failure to update the Site, regardless of whether such deficiency is caused by Rose ou Bleu or by a third party who provided such information.

Rose ou Bleu makes all reasonable efforts to accurately display the features of the products, including the color. However, the actual color displayed on the screen depends on your computer system and Rose ou Bleu cannot guarantee that the computer will accurately display such colors. All the images of the products on the Site are shown for information purposes only and may differ from the products found in Rose ou Bleu’s store.

The information is provided solely for educational and entertainment purposes and should not be interpreted as a recommendation for a specific treatment, product or course of action. The use of the Site does not replace consultations with a qualified professional.

Availability and Prices of Products and Services

All prices shown on the Site are in Canadian dollars. Applicable taxes as well as shipping and handling costs are not included. Rose ou Bleu reserves the right to change the price of its products and services offered on the Site and in store at any time without notice. The prices of the products and services offered on the Site may differ from the prices offered by Rose ou Bleu for the same products and services in store. In addition, it is possible that mistakes, inaccuracies, omissions (including inaccurate product or service descriptions) or other mistakes may occur from time to time. Rose ou Bleu cannot guarantee that the products or services offered on the Site will be available at the time the order is made or thereafter. Products offered at reduced prices may no longer be available at such price, at any time and without notice. Rose ou Bleu endeavours to provide accurate and up-to-date information, particularly regarding the price of its products and services.

Discounts for Twins and More

A Twins and More discount of 10% before tax is granted to all purchases by parent(s) (father and/or mother only) of twins, triplets, or more. This discount does not apply to deliveries fees. The Twins and More discount applies only to regular price items in store or online. The discount cannot be combined with any other promotions. If the children are not present, the parents who wish to take advantage of the discount must present valid proof (health insurance card, etc.). Rose ou Bleu has the right to delete the Twins and More discount if it is used by a third person. The Twins and More discount is applicable for an unlimited number until children are 3 years old.

Terms of Payment

All purchases made on the Site must be paid online using the payment methods offered, namely through PayPal or by submitting your credit card information directly on the Site. For more information regarding the terms and conditions for using PayPal, please visit www.paypal.ca.

It is your responsibility to read and comply with PayPal’s terms of use and other policies of PayPal if you decide to use such service. Rose ou Bleu shall not be held responsible or liable for any damages resulting from the use or misuse of services provided by PayPal. In the event of any concerns regarding a PayPal payment, you can contact Rose ou Bleu by phone at (514) 948-3666, or toll free at 1 (866) 948-3666 or by e-mail at info@roseoubleu.com.

Restrictions on Shipping

To prevent fraud and other criminal activities on the Site,  Rose ou Bleu may, at its sole discretion, verify your identity or the identity of the holder of the credit card used to purchase products on the Site by requesting certain identification documents (driver's license, health insurance card, etc.). If Rose ou Bleu suspects that a fraudulent or criminal act is committed by you, Rose or Bleu, in its sole discretion, can refuse the shipment for all purchases you made on the Site. In addition, Rose ou Blue can report fraudulent or criminal acts to the authorities concerned, including the Police Department of the City of Montreal.

When an order is placed, it will be shipped to the address designated by you, provided that the shipping address is compliant with the shipping restrictions set out on the Site. All purchases made on the Site will be shipped to the recipient pursuant to a shipment contract between you and Canada Post or UPS. Consequently, the risk of loss and title to the items purchased on the Site pass to the purchaser upon delivery of the items to the carrier. The purchaser is responsible for filing any claims with carriers for damaged or lost goods.

Shipping and Delivery

Rose ou Bleu offers shipping services throughout Canada via Canada Post. If you have problem to purchase, do not hesitate to contact us at (514) 948-3666, at our toll-free number 1 (866) 948-3666 or by e-mail at customerserviceweb@roseoubleu.com.

Your order will be shipped within 5 working days from the date of purchase if the products are in stock at Rose ou Bleu.

Boxes and contents of your order

Rose ou Bleu believes in recycling: we reuse boxes to ship your orders, as often as possible. Also, in order to provide you the most efficient delivery service, smaller items may be placed inside bigger ones. Please check the contents of your parcel on delivery, as prints displayed on the box may not be related to your order, and large items might include smaller ones.

Shipping Costs

Purchases of $75 or less before taxes are delivered for 9.99$ + taxes. Purchases of $75 or more before taxes are delivered free of charge. These deliveries are made through Canada Post.

Please note that Rose ou Bleu is not responsible for unclaimed parcels, re-shipping costs or costs related to the return of merchandise.

Due to commercial restrictions, Rose ou Bleu can only ship and deliver to Canadian locations.

In-store pick-up

Rose ou Bleu also gives you the option to pick-up your items at our store location at no cost to you. The processing of your order may take up to 4 working days. If the order pertains to a birth registry, gift-givers on the list will be notified by e-mail. The person making the online purchase will be notified by e-mail when the order is ready to be picked-up.

Return policy

Prior to returning any product, the product owner must obtain an authorisation number by contacting our Rose ou Bleu Customer Service at (514) 948-3666, at our toll-free number 1 (866) 948-3666 from Monday to Friday between 10 AM to 6 PM or by e-mail at customerservice@roseoubleu.com.

An exchange or refund can be made, provided that all applicable conditions are met, within 30 days from the date of purchase: (i) in store with the invoice for the product or; (ii) by mailing the product (at the expense of the customer) with a copy of the invoice or invoice number. Refunds will be made only to the credit card initially used for the purchase of the product.

All returned products must be unused and kept in its original packaging with all stickers and labels intact. No product subject to safety or hygiene restrictions can be returned unless it is still under seal. If these conditions are not met, returned merchandise could be refused. Shipping charges for the return of merchandise must be borne by the customer.

Defective merchandise

You must contact our Customer Service prior to returning any defective product, either by telephone at (514) 948-3666 or at our toll-free number 1 (866) 948-3666 from Monday to Friday between 10 AM to 6 PM or by e-mail at customerservice@roseoubleu.com. Rose ou Bleu will assume the charges for the return of defective items and the shipping of replacement products.

Gift cards

Rose ou Bleu gift cards purchased online can be redeemed online through the Site. Gift cards can neither be exchanged nor reimbursed.

Products at discount prices

All sales of discounted products are final. No exchange or refund will be made.

Promotional code

Promotional codes are not valid for products on discount prices, gift cards and shipping costs.  These codes are not valid in store.

Trademarks

All logos, trademarks, service marks and trade names used or displayed on the Site are the registered or unregistered trademarks of Rose ou Bleu. Other logos, trademarks, service marks and trade names used or displayed on the Site may be registered or unregistered by their respective owners. Nothing on the Site grants or may be construed as granting, by implication or otherwise, any license or right to use any logos, trademarks, service marks and trade names displayed on the Site without the written permission of Rose ou Bleu or such other owner.

Internet Browser

The Site was developed for optimal display on the following browsers: [●]. Rose ou Bleu advises you to use these internet browsers in order to enjoy optimal use of the Site. Rose ou Bleu shall not be held liable for any damages relating to the use of the Site and problems with the display caused by your internet browser. You agree to access the Site using modern hardware that does not contain viruses and with an up-to-date browser. 

Hypertext Links

The Site may contain hyperlinks to other websites that are not owned, operated or controlled by Rose ou Bleu. The links are provided solely for convenience. To use the links, you must leave the Site. Rose ou Bleu cannot verify the content, material or any other information on the other sites visited by you. Rose ou Bleu does not endorse, guarantee, or make any representations or warranties regarding any other site or any of the content, material or information that may or may not be on such site. If you decide to access other sites from a link on the Rose ou Bleu Site you do so at your own risk. Rose ou Bleu assumes no responsibility and shall not be liable for any damages arising from the use of such other sites.

No person may create or maintain any link from another website to any page of this Site without prior written permission from Rose ou Bleu. All permitted links to the Site must comply with all applicable laws and regulations.

Cookies

Navigation on the Site is likely to cause the installation of cookies, which store and track your information on your computer. A cookie is a small file which does not identify you but which records the information about the navigation of a computer on a Site. The data obtained is used to facilitate subsequent browsing on the Site and also allows tracking of certain statistical data which helps Rose ou Bleu improve its Site. Refusing the installation of a cookie may prevent you from accessing certain services or parts of the Site. You may configure your computer to accept or deny the installation of cookies.

Social Networks

The use of social networks (Facebook, Twitter, Instagram, Google+, blogs, etc.) is an excellent way for Rose ou Bleu clients to interact with each other and with Rose ou Bleu. Rose ou bleu is happy to exchange with its clients outside the Site but invite you to consult the Site for more up-to-date and accurate information. Rose ou Bleu can communicate information and news concerning its products, its promotions and its contests on social networks. However, if the content on social networks differs from the content on the Site, the latter shall prevail.

Rose ou Bleu encourages users to publish comments regarding Rose ou Bleu or to ask questions on social networks. However, Rose ou Bleu does not verify or confirm the accuracy of the comments made by users about Rose ou Bleu or the products sold on its Site or in store. Rose ou Bleu does not endorse any of the opinions expressed in the comments nor does it ensure compliance with the Terms and/or the Privacy Policy on its social networks. However, Rose ou Bleu reserves the right to monitor activities concerning Rose ou Bleu on social networks and to censor any comments that it deems inappropriate or unacceptable at any time and at its sole discretion. Rose ou Bleu also reserves the right to ban a user from its social networks at any time and at its discretion.

The social networks used by Rose ou Bleu may not be available at times. Rose ou Bleu has no control over such interruptions because the servers of these social networks are managed by a third party. As such, Rose ou Bleu assumes no responsibility or liability if the social networks do not respond or are not available.

Applicable Law

The validity, construction and performance of the Terms are governed by the laws of the Province of Quebec, Canada. You consent and submit to the exclusive jurisdiction of the courts located in the city of Montreal, Province of Quebec, Canada, in all disputes arising out of or relating to the use of the Site, the Terms and/or the Privacy Policy.

Cancellation

Rose ou Bleu reserves the right to terminate the Terms, the Privacy Policy and/or the Site, at any time at its sole discretion, without reason and without notice.

Waiver of Recourse

You release and hold harmless Rose ou Bleu, its officers, directors, employees, consultants, representatives, agents, successors and assigns from and against any claim, cause of action or demand of any nature whatsoever arising from your use of the Site or Rose ou Bleu’s social networks.

Limitations of Liability

Except as expressly provided in the Terms, Rose ou Bleu makes no representations or warranties of any kind, either express or implied, regarding the Site or any content, all of which are provided on an “as is” and “subject to availability” basis. Rose ou Bleu does not warrant the accuracy, completeness, currency, reliability or suitability of the operation or use of the Site or any content or data and expressly disclaims all warranties and conditions in respect of the Site, any content or data, including implicit warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement, and those arising by statute or from a course of dealing or usage of trade. No advice or information obtained from the Site shall create any warranty or guarantee of any kind.

Rose ou Bleu assumes no responsibility and shall not be held liable for any damages to, or any viruses that may infect your computer, telecommunications equipment, or other property caused by or arising from your access to, use of or browsing the Site. 

No advice or information obtained through the use of the Site shall create any warranty or guarantee of any kind. The services offered by the Site are not intended as a substitute for professional advice.

In no event shall Rose ou Bleu be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits, data or savings), whether based in contract, extra-contractual liability, strict liability or otherwise, which arises out of or is in any way connected with any use of the Site or any content, the operation of the Site, or any failure or delay in the operation of the Site, even if Rose ou Bleu was advised of the possibility of damages. Anyone who uses the Site does so at their own risk. The foregoing limitations of liability do not apply to the extent expressly prohibited by law.

In the event of any problem with the Site or any content, you agree that your sole remedy is to cease using the Site. In the event of any problem with the products or services purchased through the Site, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer’s or supplier’s warranty, or to seek a return for the product or services in accordance with Rose ou Bleu’s return policy that is posted on the Site and in store, with the latter prevailing in case of discrepancy.

You agree to indemnify, hold harmless and defend Rose ou Bleu, as well as its officers, directors, employees, agents, consultants, representatives, agents, successors and assigns, from and against any and all claims, demands, liabilities, costs or expenses of any kind, including, in particular, legal fees and disbursements resulting directly or indirectly from: (i) your breach of the Terms or the Privacy Policy; (ii) your access to, use or inability to access or use the Site; (iii) your use of or reliance on publications, communications, distributions or downloads of any nature; and/or (iv) your violation of any law or applicable regulation. You agree to cooperate with Rose ou Bleu in the contestation of any claims.

Final Provisions

If any provision of the Terms is deemed unlawful, void or unenforceable for any reason, that provision shall be severed and the remaining provisions will remain in force and be fully enforceable.

The provisions of the Terms apply for the benefit of Rose ou Bleu, its officers, directors, employees, consultants, representatives, agents, successors and assigns. You cannot assign the Terms or the rights and obligations granted to you hereunder without the express prior written consent of Rose ou Bleu, which Rose or Bleu may refuse at its discretion. Rose ou Bleu may assign the Terms and the rights and obligations granted hereunder without your consent.

No consent or waiver by a party of any breach or default by another party under these Terms i) shall be construed as consent to or waiver of a continuing breach or default or any other breach or default of these obligations or any other obligation of that party, or ii) shall be enforceable unless it is given in writing and signed by all parties.

The parties hereby agree that it is their wish that these Terms are in the English language and the parties may also consult the French version of these Terms on the Site.

All rights not expressly granted by the Terms or the Privacy Policy are reserved by Rose ou Bleu.

Rose ou Bleu may be contacted at the following address:

 

3520, St-Joseph Boulevard East

Montréal, Québec

H1X 1W6