MEMORIA Online StoreONLINE PURCHASE AGREEMENT
You are now on the online shopping page of the www.MEMORIA.ca website (the Site), which enables you (the Buyer), personally or in any other capacity, to order one or more of the products available on the online store site (the MEMORIA online store), from Les Espaces MEMORIA Inc. (the Merchant), subject to the following terms and conditions. We ask that you to read them carefully, as they govern the purchase agreement (the Agreement) between you and the Merchant and legally bind the parties to the Agreement.
By placing an order, you signify that you are an adult, that you have read and understood the terms and conditions of this agreement, including, but not limited to, those related to security and confidentiality set forth in the subject heading of the same name hereunder, and that you fully accept its application.
Prices and methods of payment
The total cost of your purchase shall be noted on your order confirmation. Payment may only be made with Visa or MasterCard. When your order has been confirmed and your payment made, you will receive an email confirmation, which we ask you to keep.
The Merchant shall not be held responsible for (1) any breakdown of its computer system or that of the Buyer; (2) any other technical problem affecting one or the other of said computer systems, or (3) any other irregularity resulting in the Merchant failing to receive the order from the Buyer. If, for any reason, the Buyer does not receive the confirmation hitherto described, s/he shall be responsible for contacting the Merchant to confirm reception of his/her order by the Merchant.
All prices and other amounts listed on the MEMORIA online store site are in Canadian funds.
Delivery and handling costs may be applicable on some products. In that case, they shall be added and detailed in the order confirmation.
The price of products offered on the MEMORIA online store site do not include applicable taxes, which shall be added at the time of billing, in addition to any other applicable taxes and other customs duties and custom clearance dues and fees, if the Buyer lives outside of the Province of Québec and of Canada.
The price of products offered on the MEMORIA online store site are subject to change without notice and may differ in price from the same product sold at one of the Merchant's branches. However, after confirmation of an online order, the agreed price cannot be changed.
Availability of products
The Merchant in no way guarantees the availability of products offered on the MEMORIA online store site. With the exception of flower purchases, if the product ordered cannot be delivered, the Merchant shall so inform the Buyer by email or telephone, with the method of communication being at its sole discretion, and shall provide the following options:
- Maintain the order and replace the product chosen with an equivalent product at the same price as the product originally ordered. The Buyer must have previously provided written approval, for example, by email.
- Offer the Buyer a replacement product with a different price than that of the product originally ordered. In that case, if the Buyer accepts a replacement product with a lower price than that of the product ordered, the difference shall be credited to the credit card used for the initial order. If the Buyer chooses a replacement product with a higher price than that of the product ordered, the difference shall be debited, subject to prior written approval, from the same credit card used for the initial order.
- Cancel the order. In that case, the total price of the order shall be credited to the credit card used for the initial order.
For the purposes herein, the Buyer is responsible for providing the Merchant with an email address and/or telephone number, to enable the Merchant to contact the Buyer. The Merchant shall not be held responsible if this email address and/or telephone number are erroneous, thereby preventing the Merchant from contacting the Buyer.
For flower purchases, the product delivered may differ from the corresponding photo (Photo) on the MEMORIA online store site, depending on the flowers available at our partner florists' shops, in which case, an equivalent product shall be delivered by our partner florists, who will use reasonable efforts to maintain the appearance and size of the bouquet seen in the Photo. The Merchant or the partner florists shall decide, at their entire discretion, if the Buyer should be contacted to discuss the floral arrangement, according to the extent of the changes to be made. The Merchant confirms and guarantees to the Buyer that all its partner florists are aware of this policy and are committed to respecting each of the terms and conditions that concern them.
Under no circumstances shall the Merchant be held responsible for any damages suffered because of a rupture of stock of any product(s) available on the MEMORIA online store site.
Delivery of products
With the exception of flower purchases, for which the florist assumes responsibility for delivery, the Merchant guarantees delivery of products ordered in accordance with the policies and procedures set forth herein.
The delivery address shall be the same as the billing address, except in the following cases:
- For flower deliveries, if they were purchased by the Buyer and the transaction was accepted by the Merchant pursuant to these terms at least twenty-four (24) hours before the viewing of the deceased for whom the flowers were purchased, they will be delivered directly to the funeral home or site of the service for the deceased. If the Buyer wants the flowers to be sent to a location other than the funeral home, s/he must provide the Merchant with the delivery information by telephone or in writing.
- For the delivery of condolence cards (Cards), when there is a viewing of the deceased for whom the Cards were purchased, and if they were purchased by the Buyer and the transaction was accepted by the Merchant pursuant to these terms at least twenty-four (24) hours before the viewing of the deceased, the Cards will be delivered directly to the funeral home. If there is no viewing, or if the purchase was made less than 24 hours before the viewing, the Cards will be sent by regular mail directly to the address of the responsible family member indicated in the deceased's funeral contract.
No delivery shall be made to a post office box. The Merchant must have received complete payment for the purchase of a product from the MEMORIA online store before delivery is made.
The Buyer may take delivery of a product purchased by going to one of the Merchant's branches, provided that the Merchant has received written notice from the Buyer to this effect. In all cases, the Merchant will have seventy-two (72) hours between reception of said written notice and delivery of the product purchased at the branch concerned. When picking up the product, the Buyer must have (1) written confirmation of the purchase; (2) photo ID and; (3) the credit card used to purchase the product.
With the exception of the purchase of flowers, for which the delivered product may differ from the photo on the MEMORIA online store site, if the product delivered does not conform to the product purchased, the Merchant shall replace it at no additional cost to the Buyer, on the condition that the delivered product has been returned by the Buyer to one of the Merchant's branches within 48 hours of reception by the Buyer of the purchased product. When the product is returned to the branch, the Buyer must bring a copy of confirmation of the purchase. The Merchant shall not accept any return after 48 hours.
As the Merchant's policy is to favour replacement of a product if the product delivered does not conform to or is not similar to the product purchased online, subject to the terms and conditions that are specifically applicable to flower delivery, the Merchant shall not refund the Buyer except in the following cases:
- If the Buyer is able to provide to the Merchant sufficient and satisfactory proof that, for any reason whatsoever, the product was not delivered; or
- If the Buyer chooses to cancel his/her purchase, in conformity with the abovementioned clause "Availability of products."
The Merchant may change its refund and exchange policies at any time and at its sole discretion.
For all products shipped outside of Québec, the responsibility for all costs of clearance and any other costs related to exporting outside of Québec shall be borne by the Buyer to the Merchant's complete exoneration.
Security and confidentiality
The Merchant undertakes to preserve the confidential nature of all personal information transmitted by the Buyer and shall take all reasonable precautions necessary to prevent their loss, misuse or alteration.
The Merchant undertakes to keep all personal information thus transmitted on secure servers.
Furthermore, all information regarding electronic payments made on its website is transmitted directly to the payment gateway and is not stored on its servers. The Merchant does not keep any information concerning a Buyer's credit card on its servers.
This policy regarding the protection of personal information only concerns the activities of the MEMORIA online store, and excludes any other Internet site used by the Merchant and every organization and corporate entity affiliated directly or indirectly with the Merchant. Furthermore, the Merchant states that other Internet sites accessible through links on the MEMORIA online store site are in no way under its responsibility and have or may have their own online purchase policies that are totally independent from those of the Merchant. Therefore, the Merchant declines any responsibility with respect to the confidentiality policies and practices of these third parties and over which it has no control.
The acceptance of policies regarding the protection of personal information and their periodic updates constitute a prerequisite of use by the Buyer of the MEMORIA online store, and the Buyer agrees to be bound by all of these terms and conditions.
Copyright and trademarks
The content of this website, its image and the way it is used and accessed are protected by copyright held exclusively by the Merchant, its successors and assigns. The MEMORIA trademark and its logos are trademarks belonging exclusively to the Merchant, its successors and assigns. Without limiting the generality of the foregoing, their use or reproduction is strictly prohibited without the express permission of the Merchant.
The Merchant reserves the right to modify at any time, without prior notice and at its sole discretion and without limitation, the content of the MEMORIA online store website, the choice of Products, the conditions of delivery and cancellation, return, exchange and refund policies.
Applicable laws and exclusive jurisdiction
The Buyer and the Merchant accept and agree that this contract be governed by and interpreted in accordance with the laws of Québec, and applicable Canadian laws, and, where appropriate, only the courts of the Province of Québec, in the judicial district of Montréal, shall hear any case concerning a dispute arising from the Agreement.
Where the context so requires, any word written in the singular also includes the plural and vice versa.