Terms of Sales

1. CHAMP D’APPLICATION

These Terms and Conditions and any other policies or rules of the Websites (as that term is defined below), including, but not limited to, the Privacy Policy constitute a legal agreement between you ("you" or the "User") and GROUPE AXYON or one of its franchises and regulate the use of websites, applications and modules referring by hyperlink to these Terms (collectively the "Websites").

PLEASE READ ALL TERMS CAREFULLY BEFORE USING THE GROUPE-AXYON.COM WEBSITE.

2. ACCEPTANCE OF TERMS

By accepting the Terms, or by using the Websites, you agree to be bound, without qualification or restriction, by the terms and conditions of the Terms. Access to and use of the Websites are subject to full and unreserved compliance with these Terms.

If you do not wish to be bound by these Conditions or if you do not accept them in full, you must refrain from accessing, using or ordering products via the groupe-axyon.com website. 

3. AXYON GROUP – ONLINE ORDER

The Axyon Group website offers its users the possibility of ordering online. In this regard, you agree and understand that:

  • Price : the prices displayed in the AXYON GROUP Order Module are in Canadian dollars and exclude, when applicable, sales taxes.
  • Processing and payment: in order for an order placed via the AXYON GROUP Order Module to be processed, its balance must be paid online by credit card (Visa or Master Card) through the payment module made available to you during the process. of purchase.
  • Delivery : the delivery service is offered by GROUPE AXYON. Delivery is available on the island of Montreal and its surroundings generally within 48 hours. Delivery costs are estimated at $19 for all orders. You can also reach us by email at ericportrait@groupe-axyon.com for any special order.
    • Final sale: since our products are perishable and mainly prepared to order, no exchanges or refunds will be authorized.
    • Delivery : the delivery service is offered by GROUPE AXYON. Delivery is available on the island of Montreal and its surroundings generally within 48 hours. Delivery costs are estimated at $19 for all orders. You can also reach us by email at info@groupe-axyon.com for any special order.
    • Availablity : the Company cannot guarantee that the products ordered will be available, or that some of their information will be up to date. In this event, your order will be refunded as soon as possible.
    • Display : Product photos are for illustrative purposes only and accessories are not included.
    • Food Safety : the Company cannot guarantee that the products are free of allergens.

For any questions specific to GROUPE AXYON, please contact us by email: ericportrait@groupe-axyon.com

Acceptance of an order or reservation of a course

The receipt by email of the confirmation of an order or reservation does not automatically mean that GROUPE AXYON accepts said order and is not a confirmation that GROUPE AXYON undertakes to sell anything whatsoever. GROUPE AXYON reserves the right, without prior notice, to refuse an order.

Booking a lesson can also be made with our customer service department by email or telephone. These reservations are subject to the same general conditions of sale.

The price payable for each product you order is that appearing next to each product and/or service offered on the Site.

Applicable sales taxes are extra.

GROUPE AXYON reserves the right to modify the price of the products offered on the Site at any time, without notice. All prices are in Canadian dollars.

Means of payment

Our site accepts Visa, MasterCard, AMEX and Paypal credit cards. 

Cancellation policies

If for any reason you need to cancel your order, you must notify us in writing or by telephone.

A preparation time for your order of 48 working hours (excluding public holidays and Sundays) being necessary, no modification of your order can be taken into account if it occurs less than 2 working days before the delivery date initially planned. Similarly, any order cancellation can only be effective if it is made at the latest within 2 working days before the scheduled delivery date. If the conditions are met, we invite you to quickly contact our Customer Service at the following address: ericportrait@groupe-axyon.com

If you wish to change the address or the day of delivery of your order, please contact our Customer Service at the following address: ericportrait@groupe-axyon.com no later than 2 working days before the initially scheduled delivery date.

In the event that your order has already been dispatched, our Customer Service will endeavor to make a request to Fedex. We are not held responsible in the event that the deposit is not taken into account by Fedex.

Safe transactions

GROUPE AXYON declines all responsibility for the fact that confidential information about you may be disclosed. Please note that, for your security, no credit card information is stored on our servers. If you are concerned about confidentiality relating to the use of your credit card on the Internet, we invite you to submit your reservation request by telephone to a customer service representative at the following address: ericportrait@groupe-axyon.com.

4. USER ACCOUNT AND PASSWORD 

In order to use certain features of the Websites, you may be required to create, or you will be offered to create, a user account (a "User Account"). To create a User Account, you must, for example, provide your first name, last name, email address, country of residence and a password. You may also be able to provide additional information to the Company to help us organize your profile and provide you with a more personalized experience of using the Websites.

You are responsible for maintaining the confidentiality of your User Account and the password associated with it. In the event that the confidentiality of your User Account is compromised, you must notify the Company as soon as possible in order to avoid possible fraudulent or unauthorized use of it.

The Company cannot be held responsible for any unauthorized use of your User Account and you agree to bear all responsibility for acts committed through the use of your User Account, unless you close it or report misuse or fraudulent use thereof.

For any request to close your User Account or to report misuse or fraudulent use of it, please send us an email to Customer Service at the following address: ericportrait@groupe-axyon.com

The Company reserves the right to suspend your User Account or close it at any time, at its discretion and without notice. For example, but not limited to, the Company may suspend or terminate your User Account if you violate the Terms, or if you use the Websites in a manner that could cause or could cause damage to the Company, to incur liability, to disrupt the activities of the Websites or to disrupt the use of the Websites by third parties.

5. USER CONTENT 

You retain all rights in Your copyrighted content that You submit to us through the Websites and Company represents that it will never claim ownership or original authorship of Your Content.

Further, you represent and warrant to the Company that:

However, by submitting Your Content through the Websites, You grant the Company a non-exclusive, transferable, sublicensable, royalty-free, perpetual, worldwide license to Your Content for any purpose (the "License") ) and you waive all moral rights to Your Content. Under this License, Company may, but is not limited to, use, reproduce, store, adapt, translate, modify, create derivative works from, transmit, distribute, perform in public, and make available to the public, through any medium, Your Content.

In addition to granting the License described above, by submitting Your content through the Website, you:

  • Agree that your first name, first letter of your last name, age group, city and country of residence may appear in connection with the dissemination of Your content and the use that the Company may make of it in the context of License;
  • Acknowledge and agree that the Company shall not be liable for any loss, damage or corruption of Your content.

Further, you represent and warrant to the Company that:

  • Your content does not infringe any intellectual property right, including any copyright, of any third party;
  • Other than any copyright-free content, you are the sole owner of all intellectual property rights, including copyright, in Your content or, if applicable, that you have the owner's written permission to submit Your contents;
  • Your content does not contain any defamatory remarks, any obscenity and does not violate the right of a third party to privacy or image;
  • Your Content does not violate any law, act, ordinance, or regulation applicable to you or the Company;
  • Your content is not used to promote or advertise any services, products, websites or organizations other than Company services, products, websites or organizations or constitute a chain letter or any other form of solicitation.

Your content reflects your thinking, your preferences, your tastes and more generally your person. You must not imply that Your Content is endorsed by any third party unless expressly permitted to do so. You may not imply, imply or make believe that the Company endorses, shares or endorses Your content, unless expressly authorized to do so.

The Company may refuse or remove any User Content in its sole and absolute discretion and without notice to the original author.

The Company does not endorse or approve the User Content found on the Website and excludes all liability and warranty with respect to such content.

6. COPYRIGHTS

Excluding User Content, all content created, developed, distributed, communicated, elaborated, generated or reproduced on the Websites (including texts, recipes, codes, illustrations, images and videos) as well as its selection, composition and arrangement (the "Company Content") is owned by the Company or licensed from third parties and may be protected by intellectual property laws, including the Copyright Act (R.S.C. (1985) , c. C-42).

Where applicable, the Company reserves all of its rights with respect to Company Content that it owns. Consequently, you are prohibited from copying, reproducing, modifying, reformulating, republishing and, more generally, using the elements composing the Content of the Company, both partially and totally, without having obtained prior authorization. written by the Company.

Notwithstanding the foregoing, you may download, print and reproduce Company Content for personal, informational purposes, provided that you comply with all copyright or other intellectual property notices relating to Company Content. 'Company and that you quote the source URL of the Content of the Company.

7. TRADEMARKS

Certain names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Websites may constitute registered or unregistered trademarks of the Company or third parties. Although the Company may use certain third-party trademarks under license, the display of third-party trademarks on the Websites does not imply any relationship or license between the Company and the owner of the trademark in question. , nor the Company's approval or endorsement of the goods, services or activities of the owner of the trademark in question.

Nothing contained on the Websites shall be construed to grant you any license or right to use any logo, design or trademark of the Company or of a third party, without the written permission of the Company or third party owner of a given trademark.

8. YOUR OBLIGATIONS

By using the Websites, and without limiting what is otherwise provided in the Terms, you agree (i) to comply with all laws applicable to you in your jurisdiction of residence, (ii) to provide us with accurate and to keep them up to date and (iii) to use the Websites in a reasonable and responsible manner.

Furthermore, you agree not to:

  • use the Websites for illegal or unlawful purposes;
  • create or imply a false identity on your User Account or create, without authorization, a User Account for anyone other than yourself;
  • use or attempt to use another user's account without authorization;
  • violate the intellectual property rights of the Company or others, including but not limited to patents, trademarks, trade secrets, licenses, copyrights or other proprietary rights;
  • monitor the availability, performance or functionality of the Websites for competitive purposes;
  • use software, devices, manual coding robots or automatons or other means to access, decompose, analyze or index the functionality of the Websites or any related service, data or information;
  • make a statement that is defamatory, abusive, or that constitutes a threat or unlawful harassment, impersonates another person or intimidates another person, or misrepresents or deliberately misrepresents your dealings with a person, including by using an address of email or similar nicknames, or by creating fake accounts or by any other means or scheme;
  • Transmit code of a destructive nature that may damage, surreptitiously intercept, expropriate or detrimentally interfere with any system, data or personal information;
  • make obscene remarks or use explicit language or profanity;
  • display advertisements for your business, your products or those of another person or any other type or form of spam;
  • circumvent any security features of the Websites;
  • use the Websites for a purpose for which it is not intended.

If the Company has reasonable grounds to believe that you are not respecting the obligations mentioned above, or any other obligation stipulated in the Conditions, the Company may, in its sole and absolute discretion and without notice, suspend your right to use of the Websites or limit your access to them in any other way it deems appropriate.

9. SUBMISSION OF IDEAS

Any comments or suggestions regarding the Websites, their functionality or the business activities in which the Company is or may be engaged that you may transmit to the Company may be used, adapted or implemented by the Company without any obligation compensation or any other form of compensation.

You acknowledge that your comments, suggestions, ideas or proposals relating to the Websites, their functionality or the business activities in which the Company is engaged, that you submit to the Company (excluding User Content) (the "Suggestions"), are not confidential, do not belong to you, and may be disclosed, used, adapted or applied by the Company without any obligation of compensation or any other form of compensation.

10. DISCLAIMER OF WARRANTIES

The Websites and all content therein are provided as is. When you use the Websites, you acknowledge and agree that you do so entirely at your own risk. The Websites may be discontinued or access to them may be terminated at any time by the Company or otherwise. The Company makes no representations or warranties with respect to the content, services or features offered on the Websites or the User Content therein, including, but not limited to:

  • As to the accuracy, availability, completeness, reliability, marketability or timeliness of the Websites;
  • As to the operation or accessibility of the Websites without interruption or error;
  • As to the correction of defects or errors in the Websites;
  • As for the absence of viruses or harmful elements in the Websites;
  • As to the secure or uninterrupted transmission of communications through the Websites.

11. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, the Company and its officers, directors, employees, agents and their respective successors and assigns shall in no event be liable for any loss or damage of the nature or relating, in particular, , invasion of your privacy, loss of business or loss of profits howsoever caused and whether or not based on contract (including breach to an essential obligation), these Terms, civil liability (including negligence) or otherwise, even if the Company knew or should have known of the possibility of such damages. Further, the Company has no obligation to retain or store searches, preferences or any other data that you post or save from time to time on the Websites and shall not be liable for any loss or damage resulting from a loss of this data.

If you decide to visit or use any website linked to the Websites, any hardware, software, goods or services offered from any website linked to the Websites, you do so entirely at your own risk and perils.

Disclaimer: Allergy Alert - All products may contain or have been in contact with nuts, dairy, wheat, soy, sugar, and several other products that could create allergic reactions. GROUPE AXON is not responsible for any problem whatsoever that may arise following the purchase and tasting of its products. The customer accepts the products as he receives them at his own risk.

12. INDEMNIFICATION

Company is not responsible for Your content that You generate on the Websites or any actions You take or refrain from taking in connection with the Websites (your "Acts").

You agree that your Actions are under your sole and exclusive responsibility and acknowledge that you knowingly performed them. The Company cannot be held responsible for any breach of the Terms that you may have committed. Consequently, you will take up the cause of the Company and its subsidiaries, parent company, officers, agents, representatives, directors, employees and business partners in the event that legal action is brought against it following a violation of the Conditions that you have committed or that anyone with access to your user account has committed.

In all cases, you agree to indemnify and hold harmless the Company, its subsidiaries and affiliates, directors, officers, agents, representatives, employees and business partners with respect to losses, obligations, claims, claims, damages, costs and expenses of any kind, including reasonable attorneys' fees, in connection with your Acts and any breach of the Terms, any law or the rights of any third party.

13. JURISDICTION AND APPLICABLE LAW

The Terms are governed and interpreted by the laws of Quebec and those of Canada applicable therein, without regard to principles of conflict of laws.

This paragraph does not apply to consumers in the province of Quebec (Canada), to whom the Consumer Protection Act (Quebec) (chapter P-40.1) applies instead. You irrevocably agree and acknowledge the exclusive jurisdiction of the courts of federal and provincial jurisdiction, sitting in and for the judicial district of Montreal with respect to any litigation to arise arising from or related to the Terms, elect domicile there and waive any objection based on the lack of territorial jurisdiction or any request based on the notion of forum non conveniens.

14. SEVERABILITY

Each of the provisions of the Terms is individual and distinct and, if any of the Terms were found to be invalid, illegal or unenforceable, all of the other provisions of the Terms would retain full force and effect.

15. WAIVER

The fact that the Company does not insist on the full execution of an obligation provided for by these Conditions or does not exercise a right conferred on it will not be considered as a waiver of the execution of this obligation or of this right. Any waiver by Company of any right granted to it under these Terms will be effective only if in a signed writing and will be effective only with respect to the right and circumstances expressly contemplated by such waiver.

 16. NON-ASSIGNABILITY

You may not assign or delegate any rights or obligations under the Terms without the Company's prior consent.

17. RETROACTIVE EFFECT

As the first version of the Terms went live on November 7, 2017 (the "Live Date"), you agree and acknowledge, where applicable, upon your initial acceptance of the Terms, that all use, contributed content and any act or omission relating to the Websites which relates to a period prior to the Date of posting, is retroactively subject to these Conditions.

18. MODIFICATION

The Websites constitute a dynamic and evolving environment subject to change. The Company may revise the Terms at its sole discretion by simply updating this page or the pages where the provisions of the Terms to be modified are located. It is your responsibility to consult the Terms on a regular basis to be aware of any possible changes that may be made to them.

Notwithstanding the foregoing, the Company will notify Users of any modification to the Conditions at least 30 days before its entry into force.

If you do not agree with one or more modifications made to the Conditions, then you must cease all use of the Websites and, if necessary, close your User Account. Your continued use of the Websites or failure to close your User Account after the Company has posted the changes will constitute your acceptance of the changes to the Terms.

19. COMMUNICATIONS

Notices required or permitted to be given under the Terms must be in writing and will be deemed to have been validly given if sent by email or registered mail to the following addresses:

  • if the recipient is the Company:

AXYON GROUP
E-mail : ericportrait@groupe-axyon.com

  • if the recipient is the User: to the email or postal address provided to the Company in the User's profile or otherwise.

Notices and communications shall be deemed to have been given and received on the day they are actually delivered or sent (or, if such day is not a business day, on the next following business day), unless given or received after 4:30 p.m., in which case they will be deemed to have been given and received on the following business day.

If you have any questions or comments about the Terms, please contact:

Customer service – AXYON GROUP
E-mail : ericportrait@groupe-axyon.com

If your question or comment relates more specifically to the GROUPE AXYON online ordering module, please contact us using the contact details indicated in article 4.

20. SURVIVAL

Sections 5 (User Content), 9 (Submission of Ideas), 10 (Disclaimer of Warranties), 12 (Limitation of Liability), 12 (Indemnification), 13 (Jurisdiction and Applicable Laws), 14 (Severability), 15 (Waiver) and 20 (Survival) will survive termination or expiration of this Agreement.