General terms Of Sale And Use

General terms Of Sale And Use

To learn more about the protection of your personal information, please consult our Privacy Policy.

Welcome to the avalanchequebec.ca website (hereinafter, the « Website »), which is entirely held and operated by AVALANCHE QUÉBEC (hereinafter, « AVALANCHE», « we», « our», or « us »). We recommend that you read these General Terms of Sale and Use (hereinafter, the « General Terms ») carefully before accessing or using the Website. These General Terms stand as an actual legal agreement which shall govern your use of the Website and of the tools and services found therein (including, without limitation, offers, promotions, content, sales, the store, the blog, newsletters, mountain weather forecasts, and all orders submitted through the Website). By accessing and using the Website, you confirm (i) your acceptance of these General Terms and of all the terms, conditions, and policies referred to herein or available through the Website, as well as (ii) your commitment to observe said General Terms and other terms, conditions, and policies in accordance with all applicable laws and regulations.

AVALANCHE may update, modify, or replace any portion of these General Terms without any prior notice. You hereby commit to consult said General Terms on a regular basis in order to keep abreast of their content and scope. By continuing to access or use the Website once changes have been published, you will be deemed to have accepted the changes in question. In fact, access and use of any portion or feature of the Website shall be governed by the version of the General Terms that will be current at the time of such access or use.

These General Terms shall govern your use of the Website regardless of how you actually access it (i.e. by means of a computer or a mobile device).

These General Terms apply to all users of the Website (including, without limitation, browsers, sellers, merchants, and clients, as well as individuals who contribute to the information, documents, services, and/or other content found on the Website). Should these General Terms ever be assimilated to an offer, their acceptance shall be explicitly limited to their actual content.

Should you disagree with these General Terms, please refrain from accessing, consulting, downloading, or otherwise using the Website or any of the tools or services found therein or related thereto.

You hereby acknowledge and agree that the Website (as well as the other services and products offered by AVALANCHE) are reserved for lawful, personal, and non-commercial use by individuals who have reached the age of majority within their province of residence (users who are 14 to 18 years old must obtain their parents’ prior consent), are allowed to use Internet sites, and are capable of entering into legally binding agreements.

You hereby commit not to use our products for any unlawful or unauthorized purposes, and not to violate (while using the Website or any of our products or services) any law or regulation in force within your jurisdiction (including, without limitation, any copyright law). You also commit not to upload or otherwise transmit any worm, Trojan horse, computer virus, or other harmful code, file, or software.

Any breach or violation of these General Terms will bring about the immediate termination of your right to access and/or use the Website and any related tools and services.

You hereby commit not to create or hold more than (1) customer account at any given time, and to provide us with true, accurate, current and comprehensive information whenever you create an account, subscribe to an account, place an order, or make any kind of purchase.

You are solely and entirely responsible for the privacy of your password. Your account is for your personal use only. You may not authorize others to use it or transfer it to anyone else. You are solely and entirely responsible for any use of your account and any activity under your account; you hereby release and discharge AVALANCHE of any liability in that respect.

We may, at any given time, at our sole and absolute discretion, without notice, and for (or without) any reason (including, without limitation, if we come to the conclusion that you have violated any of the General Terms and Conditions), deactivate your password, terminate your account, suspend your right to use it, or discontinue your access to any related tool or service.

All sales of products conducted by means of the Website are subject to these General Terms and any conditions applicable to the purchase (hereinafter, considered collectively, the “Terms of Sale”), which AVALANCHE may, at its sole and absolute discretion, modify without notice.

You shall be deemed to have read and accepted said Terms of Sale whenever you order products or accept a delivery of products purchased through the Website.

Prices

All prices and related fees mentioned on the Website are expressed in Canadian dollars. Prices are subject to confirmation and may be subsequently modified without notice, at AVALANCHE’s sole and absolute discretion. All weights and sizes are approximate. You hereby agree to pay all fees related to your order.

AVALANCHE may correct any pricing mistake found on the Website. It may also, at its sole and absolute discretion, reject, modify, or cancel any order, purchase, or promotion on account of a system error, a pricing mistake, an act of fraud, or any cause over which it cannot exercise any reasonable level of control. Prices posted on the Website may differ from those found in store or throughout our distribution networks. AVALANCHE shall not incur any kind of liability (be it toward you or any third party) on the ground that it modified the price of any product.

Purchase

To order or purchase products available through the Website, you must provide certain information such as the data printed on the credit card you intend to use. You hereby represent and warrant that such information is current and accurate. By placing an order or making a purchase, you agree to pay all charges incurred by you or the user of your credit card user in connection with the order or purchase.

We reserve the right to reject any order you place, to cancel or limit the quantity of products you may order or purchase, and to limit or prohibit orders that, in our opinion, appear to have been placed by merchants, retailers, or distributors.

Products

The description and availability of the products offered on the Website are likely to vary according to time and place. AVALANCHE makes no representations or warranties in that respect.

Keep in mind that some products may not be available on the Website or may only be accessible through the Website. Product descriptions and prices may be modified at any given time and without prior notice, at our sole and absolute discretion. We reserve the right to suspend or discontinue the sale of any product at any given time. Any product offer made on this website is void to the extent prohibited by law or otherwise.

We do not in any way guarantee that the products, services, information, or other content or material you might purchase or obtain through the Website will meet your needs or requirements, be comprehensive, up-to-date, and devoid of any error or mistake, or be suited to the use you plan to make of them.

Pick-up

All products purchased through the Website may be picked up free of charge at our office located at 900 Route du Parc, Sainte-Anne-des-Monts, Quebec, G4V 2E3. To set up a pick-up, proceed as follows: Confirm the availability of the product by visiting our on-line store, complete your purchase by paying for your order on our Website, select the « Pick-Up » option, wait until you receive a confirmation e-mail, and dial 1 (418) 763-5315 in order to set a date and time for the pick-up.

Delivery

Products purchased through the Website may only be shipped to destinations located within Canada or the United States. Shipping costs will be estimated based on the delivery address and will be calculated once your order has been validated. You are solely and entirely responsible for the payment of the delivery and reshipping fees.

Although AVALANCHE will use its best commercial efforts to ship the products as quickly as possible, delivery deadlines are provided for reference only. All products will be delivered by third party shipping partners who might, on occasions, encounter difficulties over which we have no reasonable control. We thank you in advance for your understanding and patience.

AVALANCHE shall not be held liable for (i) any loss, damage, cost, charge, or expense arising from a delayed delivery, or (ii) orders that cannot be delivered or received because the delivery address you provided is inaccurate. We reserve the right to refuse delivery to certain addresses and postal boxes housed within post offices.

Returns and Exchanges

You may return or exchange a product within fourteen (14) days of purchase. To do so, return the product in person or by regular mail to our office located at 900 Route du Parc, Sainte-Anne-des-Monts, Quebec, G4V 2E3.

It is crucial that the merchandise be in perfect condition, i.e. be unused, unworn, unwashed, in its original packaging, and still fitted with all original tags. Whether you return or exchange the product in person or by mail, you must include printed evidence of purchase and payment. We will refund the purchase price to your credit card or exchange the product for another one of your choosing, as the case may be. You shall be solely and entirely responsible for the payment of all reshipping fees and, in the case of an exchange, all delivery fees for the substitute product.

Cancellations

You can cancel an order that has not yet been processed and shipped by calling us at 1 (418) 763-5315 or e-mailing us at info@avalanchequebec.ca.

However, please note that any order that has already been prepared and shipped cannot be canceled.

Issues

Please inspect all orders upon delivery and call us at 1 (418) 763-5315 or e-mail us at info@avalanchequebec.ca should you detect any mistake, defect, or damage. We will gladly assess the situation and remedy it if need be.

Offers and Promotions

The Website may broadcast promotions and special offers that shall only apply to orders placed on-line and may not be combined with any other offers, promotions, vouchers, or bonuses. No order may be subject to more than one promotion or offer at a time. Rebates on select products will remain in force until available stocks are depleted or the relevant promotion ends. Promotions are valid in Canada only.

The Website may promote contests and/or raffles that you may enter by using the Website or our social network platforms. All contests and raffles are governed by applicable law and by their own specific rules and guidelines – which you must read and agree to before participating.

You may be invited, via the Website and/or its related tools and hyperlinks, to attend special events hosted by AVALANCHE or a third party (hereinafter, considered collectively, the « Special Events »). Participation in Special Events is at your own risk. You hereby release and discharge AVALANCHE of any and all liability arising from any activity you may attend on such occasions.

By using the Website, you will be deemed to have read and accepted our corporate policies (including, without limitation, our Privacy Policy). You hereby confirm that by using the Website, setting up a user account, or placing an order (among other things), you agree to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy.

The information, advice, training, descriptions, sound practices, video tutorials, newsletters, articles, blogs, and other content published or made available on the Website and/or through its related tools and services (including social network platforms) are provided for convenience only. No such information or content shall be relied upon in the course of any decision-making process in and of itself and without consulting complete and up-to-date primary sources of data.

AVALANCHE makes no representation or guarantee of any kind in connection with the information found on the Website and expressly disclaims and declines any and all liability in regards to the use you may make of such information. The information found on the Website and/or available through its related tools and services shall be used at your own risk. For further information or in case of doubt, please consult supplementary sources of information and abide by the operating instructions printed on the products or their packaging or provided with specific tools or services.

Nothing on the Website or in connection with its related tools and services shall be interpreted or construed as a legal or professional opinion, a definitive recommendation on how to behave, or the only way to resolve an issue.

Although AVALANCHE uses its best efforts to update the Website regularly and to ensure the accuracy and reliability of the information found therein, it cannot guarantee that the Website will be free and devoid of any mistakes, omissions, or inaccuracies and, therefore, disclaims and declines any and all liability in that respect. You hereby acknowledge and agree that AVALANCHE shall in no circumstances be held liable for the inaccuracy, incompleteness, or obsolescence of any information made available on the Website.

You understand that we may modify, correct, or update any information published on the Website at our sole and absolute discretion, at any given time (including after you placed an order) and without prior notice. However, you also understand and agree that we do not undertake and have no obligation to modify, correct, update, or clarify any information published on the Website, including without limitation any pricing information, except as required by law.

Subject to the provisions of these General Terms, we welcome all comments, suggestions, feedback, product reviews, ideas, opinions, proposals, contributions, and other similar content you might (i) provide or publish via the Website, its related tools and services, or any AVALANCHE social network platform, or (ii) transmit on-line or by mail, electronic mail, or any other means of communication (hereinafter, considered collectively, the « User Content »).

All User Content is and remains under your care, control, and responsibility. You shall be solely and entirely liable for the lawfulness, reliability, accuracy, appropriateness, and compliance with all applicable statutes and regulations, including copyright law, of such User Content. You hereby represent and warrant that no comments or opinions you will issue will (i) violate any third party right (including when it comes to copyright, trademarks, privacy, property, and human rights), (ii) contain any defamatory, abusive, obscene, or otherwise unlawful material, or (iii) contain any worm, Trojan horse, computer virus, or other harmful code, file, or software likely to compromise the proper operation of the Website or any related tool or service. You may not use a fake e-mail address, pretend to be someone you are not, or mislead AVALANCHE or any third party as to the origin of the comments or opinions you release. You shall be solely and entirely responsible for the scope and accuracy of your comments and opinions. We shall in no circumstances incur any liability in regards to comments and/or opinions published by yourself or any third party. No User Content shall be presumed or deemed to reflect AVALANCHE’s views or opinions.

You acknowledge and agree that AVALANCHE expressly disclaims and declines any and all liability in that respect. You hereby agree to defend, indemnify, and hold harmless AVALANCHE and its representatives from and against any and all liability relating in any way to any User Content.

AVALANCHE may, but shall have no obligation to, monitor, edit, or delete any User Content which it believes in its sole and absolute discretion (i) is illegal, offensive, threatening, defamatory, obscene or otherwise objectionable, or (ii) violates the intellectual property rights of a party or the provisions of these General Terms. Subject to the provisions of our Privacy Policy, all User Content shall be considered non-exclusive and non-confidential. AVALANCHE shall not be obligated to compensate financially any User Content or to respond to any User Content.

You hereby acknowledge and agree that we may, at any given time and at our sole and absolute discretion, use or refrain from using any User Content and/or edit, copy, publish, translate, or otherwise use any User Content in any way and form.

In addition to the restrictions stipulated in these General Terms (including when it comes to the User Content), you commit not to use the Website or its content (a) for any obscene, indecent, or otherwise unlawful purposes; (b) in order to encourage other people to commit or to participate in illegal acts; (c) in any way that violates international, federal, provincial, state, or local laws, regulations, standards, or rulings; (d) in any way that violates any third party’s intellectual property rights or the rights AVALANCHE holds in the Intellectual Property Assets (as defined below); (e) in order to harass, abuse, insult, defame, slander, denigrate, harm, intimidate, or discriminate on account of gender, sex, sexual orientation, religion, ethnic origin, age, or a handicap; (f) in view of submitting false or misleading information; (g) in order to upload or otherwise transmit computer viruses or other harmful codes, files, or software that will or could compromise the proper operation of the Website, any other website, or the Internet as a whole; (h) in view of collecting or tracking any third party’s personal information; (j) in order to transmit spam or phishing codes, files, or software, to hijack information or data, or to spider, crawl, or scrape; or (j) in order to bypass or interfere with the Website’s, other websites’, or the Internet’s safety measures. We reserve the right to terminate your use of the Website and/ or of any related website should you violate the provisions of this section.

AVALANCHE or its suppliers, as the case may be, shall hold and retain exclusive property over all rights, titles, and interests pertaining to the Website and its content (including software, material, formats, mediums, interfaces, slogans, data, text, figures, charts, images, logos, audio and video files, logos, symbols, computer codes, designs, arrangements, and so on) as well as over all trademarks, trade names, company names, logos, and other intellectual property items found on or throughout the Website (hereinafter, considered collectively, the « Intellectual Property Assets »). Such Intellectual Property Assets are protected by Canadian and international laws pertaining to copyright, trademarks, patents, trade secrets, and other proprietary assets. All relevant rights are reserved.

It is strictly forbidden to use in any way (including by printing, copying, recording, filing, modifying, reediting, downloading, uploading, selling, or otherwise disposing of, for any reason) the content of the Website or of any Intellectual Property Assets, whether in whole or in part, in any form or medium (whether existing or to be invented), without AVALANCHE’s prior written consent.

You may consult and print individual pages of the Website for personal, domestic, and/or educational purposes, provided that this never be done with the intent to resell the relevant content and that all sources are properly identified and quoted.

Any digital editing, alteration, or modification of any aspect of the Intellectual Property Assets or other content of the Website is strictly forbidden without AVALANCHE’s prior written consent.

Neither the General Terms nor the fact that you are allowed to access and use the Website shall grant you any rights, titles, or interest in the Website or in any Intellectual Property Assets. Any use of the Website that is not explicitly authorized hereunder could amount to a violation of the law, including intellectual property, copyright and/or trademark laws.

If you fail to comply with the terms of this section, your right to use the Website will be revoked immediately and you will be required to destroy all copies of Website content in your possession.

Some hyperlinks found on the Website may lead you to external websites not operated by AVALANCHE and to tools and services made available by third parties. We have no control over websites, tools, or services operated by third parties; we shall in no way be held liable for their content. Hyperlinks are provided for convenience only. The fact that they may be found on the Website in no way means that AVALANCHE approves, endorses or guarantees the information or representations they contain, including without limitation, with respect to products, services and warranties.

You acknowledge and agree that you are solely and entirely responsible for the consequences of accessing, using, or transacting with third-party websites or any of the tools and services they offer. Make sure you read and thoroughly understand all the terms, conditions, guidelines, and policies applicable to such third-party websites and resources. AVALANCHE shall not be held liable for (1) any direct or indirect damage, loss, or claim arising from (i) the use of any third-party website you accessed by means of a hyperlink, or (ii) the use of any information, tool, or service found on such a website, or (2) any violation of applicable laws or regulations by any third-party website.

You hereby acknowledge and agree that any access to or use of the Website, third-party websites, or any of the tools or services found therein may lead to computer viruses which may damage your computer and/or the peripheral devices it is connected to. AVALANCHE makes no representations or warranties of any kind in regards to the safety of third-party websites, it explicitly declines and disclaims any and all liability in that respect.

You agree to defend, indemnify, and hold harmless AVALANCHE, its subsidiaries and affiliates, as well as their respective officers, administrators, employees, interns, consultants, subcontractors, partners, distributors, suppliers, licensees, agents, and representatives from and against any direct or indirect proceedings, legal suit, claim, damage, loss, liability, costs, or expenses (including all legal disbursements and attorney’s fees) arising in any way from (a) any violation of, or failure to abide by, these General Terms, the Privacy Policy, and/or other guidelines or policies found on the Website; (b) any access to your user account, whether by yourself or any other individual, and any operation or transaction conducted from said account; (c) any use of the Website or any related tool or service; (d) any information or other content you provided by means of the Website; (e) any violation of Intellectual Property Assets; (f) any violation of any law, regulation or third party right.

We reserve the right to assume the exclusive defense and control of any matter likely to lead to compensation or indemnification on your part, in which case you agree to assist us and cooperate with us, upon our request, in asserting any available defense.

You hereby confirm that you shall use the Website at your own risk and that the Website is provided on an “as is and as available” basis. Without limiting the general scope of the foregoing, AVALANCHE makes no explicit or implied representations or warranties of any kind (including, without limitation, any statements or guarantees pertaining to accuracy, currentness, availability, relevance, comprehensiveness, safety, lawfulness, efficiency, continuous operation, commercial use, non-infringement, merchantability, fitness for any particular purpose, or normal course of business).

No advice or other information provided verbally or in writing by AVALANCHE or any of its representatives or by means of the Website, the blog, articles, newsletters, or any social network platform shall constitute or be construed as a warranty or guarantee not explicitly stipulated herein.

To the fullest extend permitted by applicable laws, neither AVALANCHE nor its subsidiaries or affiliates, or their respective officers, administrators, employees, consultants, distributors, suppliers, agents, or representatives shall be held liable in regards to any direct, indirect, incidental, or consequential damage, injury, loss, or claim (including, without limitation, any bodily injury, property damage, interruption of business, or loss of profit, data, software, use, enjoyment, or any other tangible or intangible asset) arising directly or indirectly from (a) any access to (or unsuccessful attempt to access) your account by yourself of any other individual; (b) any operation or transaction conducted from said account; (c) any access or use of the Website or any of its related tools and services; (d) the purchase or use of any product or service offered by AVALANCHE; (e) any content or information made available on the Website; (f) any error, mistake, omission, or inaccuracy found on the Website or any related item or component; or (g) any failure, error, mistake, omission, interruption, breakdown in communications, delayed transmission, theft, computer virus, loss of data, unauthorized access to or use of the Website, or any modification of the Website.

AVALANCHE shall not be held responsible for any damage caused to your computer, the data it contains, or the peripheral devices it is connected to. It also explicitly disclaims and declines any and all liability in connection with faulty or delayed transmissions of data. You hereby acknowledge and agree that the only recourse and remedy at your disposal will be to stop using the Website.

These General Terms shall apply from the moment you access the Website and remain in full force and effect for as long as the Website remains in operation. You may suspend your access to the Website or stop using it at any given time. AVALANCHE, at its sole and absolute discretion, may terminate your access to the Website at any given time, without prior notice, and for (or without) any reason. You shall remain responsible for the payment of all amounts due at the time of termination.

The obligations you contracted under these General Terms, including those pertaining to indemnification, limited liability and Intellectual Property Assets, shall continue to apply and bind you regardless of any termination of said General Terms.

Upon termination of these General Terms for any reason, (a) AVALANCHE will no longer allow you to access the Website; (b) you shall no longer use the Website; and (c) AVALANCHE may continue to store, use, and disclose your personal information in accordance with the provisions found herein, the Privacy Policy, and all applicable laws and regulations.

If AVALANCHE’s performance of any of its obligations hereunder, or under the order confirmation, is delayed due to force majeure or any other reason beyond AVALANCHE’s control (including disruption or total or partial strike of, among others, postal services, means of transport and/or communications), then the date of performance shall be delayed for the duration of the delay. AVALANCHE shall not be held responsible for the non-performance of such obligations in case of force majeure or any other reason beyond its control.

As these General Terms represent and stand as the whole agreement you have entered into with AVALANCHE, they shall have precedence over any and all prior or contradictory, written or verbal accords, statements, commitments, undertakings, arrangements, conditions, or warranties (including, without limitation, any and all prior iterations of these General Terms). The commitments, undertakings, arrangements, conditions, and warranties stipulated herein shall inure to the benefit of and be binding upon both parties and their respective successors, heirs, trustees, assigns and other legal representatives.

The invalidity or unenforceability of any provision of the General Terms or its unenforceability against any person or circumstance for any reason shall not affect the validity of the remaining provisions of the General Terms. Any ambiguity in the interpretation of these General Terms shall not be construed against the writer.

Failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of the right to enforce the provision in the future or any other provision hereof.

These General Terms and any access to or use of the Website are governed by the laws and regulations applicable in the province of Quebec and those in force in Canada and in your province of residence. Where international laws may apply, or where there is a conflict with other applicable laws in certain jurisdictions, the issue at hand will be governed by the applicable laws. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these General Terms or to the activities contemplated by them.

Any disagreement, dispute, or claim (i) directed against AVALANCHE and/or its employees, agents, or affiliates, or (ii) pertaining in any way to these General Terms, the content of the Website, your access to or use of the Website, or any order placed by means of the Website shall be referred to the exclusive jurisdiction and competence of the civil courts sitting within the province of Québec.

Do not hesitate to submit comments and/or questions to us by dialing 1 (418) 763-5315 or sending an e-mail to info@avalanchequebec.ca.

AVALANCHE’s head office is located at 900 Route du Parc, Sainte-Anne-des-Monts, Québec, Canada, G4V 2E3.

Last updated on March 26, 2021

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BE OUR EYES ON THE GROUND

By sharing your observations, you contribute to the accuracy of the avalanche bulletin and to the safety of all Chic-Chocs backcountry riders

File an avalanche observation or avalanche incident report (confidential)

Create a MIN report on the Mountain Information Network to share an avalanche observation or incident (public)

BE OUR EYES ON THE GROUND

By sharing your observations, you contribute to the accuracy of the avalanche bulletin and to the safety of all Chic-Chocs backcountry riders

File an avalanche observation or avalanche incident report (confidential)

Create a MIN report on the Mountain Information Network to share an avalanche observation or incident (public)