TERMS & CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY before accessing, browsing and/or using any portion of this website. These Terms and Conditions exclusively apply to all business dealings between a customer (hereinafter referred to as the “Customer“) and Pajar Canada (hereinafter referred to as “Pajar“) relating to products offered by Pajar and purchased by the Customer through the website as defined below. The laws of Quebec shall apply.
Provisions that deviate from these Terms and Conditions can be invoked by the Customer only if and to the extent that these provisions are accepted by Pajar in writing.
Orders placed by the Customer via www.pajar.com (hereinafter referred to as the “Website”), for the products offered by Pajar through the Website are only considered as an offer to conclude a sales contract. The sales contract is only concluded once an e-mail confirmation by Pajar is received by the Customer. The e-mail by means of which Pajar confirms the receipt of the order to the Customer does not qualify as confirmation of the order.
The contract partner of the Customer is Pajar Canada.
Pajar decides at its sole discretion whether or not to accept any order. Should Pajar not respond within 10 business days after the order has been placed, the order shall be deemed rejected.
All information provided by Pajar, whether through electronic communication means or by telephone, shall be as accurate as reasonably possible. However, Pajar shall not be liable for any error encountered. In particular, delivery data shall be considered solely indicative and the images of products offered on the Website are for illustration purposes only. Pajar shall not be bound thereby in any way whatsoever.
Pajar shall be free to employ the services of third parties in order to fulfill its obligations under a sales contract.
Modifications to conditions
Pajar reserves the right to modify, to add and to remove parts of its terms and conditions at any time and at its discretion. Please verify regularly if any changes have been made to Pajar’s Terms and Conditions. The use of this Website following the implementation of these modifications on the Website signifies your accord in relation to the modifications in question.
Power to dissolve
The Customer has a right to dissolve the sales contract as per the terms set forth below. The Customer is not obliged to include the reason for dissolving the sales contract. The dissolution shall be made by return of the products within thirty (30) days of receipt of the products by the Customer to Pajar.
The Customer bears the direct costs and risks associated with returning products.
If the Customer exercises his/her right of dissolution, he/she is obliged to return the products as soon as reasonably possible, but at least within thirty (30) days of the dissolution.
Pajar has the right to set off any depreciation of products returned in case of usage of the products. This is not applicable if the depreciation is the sole result of the examination of the products.
The return of the products must include the original packaging. In case of an effective return, payments already received by Pajar are to be refunded.
Filing of Complaints
In case a Customer wishes to file a written complaint regarding the conclusion or the execution of a sales contract following an order made via the Website, the Customer is entitled to do so at the following address:
Pajar Customer Service
4509 avenue Coloniale
Prices and costs
The price of a product as shown on the Website (hereinafter referred to as the “Purchase Price”) is the net price of the product, excluding federal and provincial taxes, as well as shipping costs.
The Customer bears the shipping costs of a product, which shall be added to the Purchase Price. The Customer is informed of the amount of the shipping costs during the ordering process via the Website.
Pajar reserves the right to change the Purchase Price of any of the offered products at any time.
Payment can be effected by the following credit cards: American Express, MasterCard and VISA, as well as through Paypal.
Products shall only be dispatched to the Customer after full payment has been received by Pajar.
If the Customer does not pay the amount he/she owes pursuant to the above terms and conditions, he/she will be in default without notice. As soon as the Customer is in default on any payment, all Pajar remaining claims on the Customer are due, and the Customer is immediately in default without notice with respect to those claims.
Reservation of Title
All products delivered by Pajar remain the property of Pajar until such time as the Customer has paid in full all amounts owed to Pajar in connection with the products delivered, including damages, costs and interest. The Customer has no right of retention with respect to these products.
Delivery of products
Delivery of a product shall be made to the address stipulated by the Customer during the order process. Pajar reserves the right to deliver products ordered partially.
Maintenance of products
The maintenance and washing instructions indicated on the tags of the products are clear and visible. Pajar shall not bear any costs or compensate any damage occurring to products due to improper handling.
Pajar is exempt from any obligations to pay compensation for damages except if and insofar as the damage suffered was inflicted intentionally or by the gross negligence of Pajar or its own employees.
In cases in which Pajar is obligated to pay compensation for damages, the compensation will never be higher than the invoice value of the product delivered to which, or in connection with which, the damage was caused; or, if the damage is covered by an insurance policy of Pajar, the amount that is actually paid out by the insurer with respect thereto.
All disputes existing or arising between parties shall be heard exclusively by the competent Quebec court, unless the law provides for another mandatory forum.
Pajar is entitled to invoke force majeure if the implementation of the agreement is, in whole or in part, temporarily or permanently, prevented or impeded by circumstances reasonably out of its control, including site or building blockades, strikes, specific work interruptions or work-to-rule slowdowns and lockout; delay in the provision of parts to Pajar, goods or services ordered from third parties other than by circumstances to be imputed to Pajar; accidents and interruptions of business operations.
In the case of force majeure on the part of Pajar, its obligations are suspended. Should the force majeure last longer than three months, both Pajar and the Customer are authorized to cancel the non-feasible parts of their agreement through a written declaration.
All trademarks, logos, service marks and trade names are proprietary to www.pajar.com, Pajar Canada, or other respective owners that have granted the Site the right and license to use such intellectual property.
The Customer will in no event be granted Pajar’ proprietary rights. In particular, the Customer shall not register or use Pajar’ proprietary rights in any manner whatsoever.