1. FIELD OF APPLICATION

These terms and conditions and other policies or regulations 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 that hyperlink to these Conditions (collectively the “Websites”).

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

2. ACCEPTANCE OF CONDITIONS

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

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 through 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 accept and understand that:

  • Price: the prices displayed in the GROUPE AXYON order module are in canadian dollars and exclude, where applicable, sales taxes.
  • Processing and payment: in order for an order made via the GROUPE AXYON order module to be processed, its balance must be paid, online, by credit card (Visa or Master Card) using the payment module made available to you during the process 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. Shipping costs are estimated at $ 19 for any order. 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 exchange or refund will be allowed.
    • Delivery : the delivery service is offered by GROUPE AXYON. Delivery is available on the island of Montreal and its surroundings, generally within 48 hours. Shipping costs are estimated at $ 19 for any order. You can also reach us by email at info@groupe-axyon.com for any special order.
    • Availability: The Company cannot guarantee that the products ordered will be available, or that some of their information is up to date. In this event, your order will be refunded to you as soon as possible.
    • Display: Product photos are for reference only, and accessories are not included.
    • Food Safety : The Company cannot guarantee that the products are free from allergens.

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

Acceptance of an order or reservation of a course

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. GROUPE AXYON reserves the right, without prior notice, to refuse an order.

You can also book a lesson with our customer service department by email or phone. These reservations are subject to the same general conditions of sale.

The price payable for each product you order is the one 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 phone.

As a preparation time for your order of 48 working hours (excluding public holidays and Sundays) is necessary, no modification of your order can be taken into account if it occurs less than 2 working days before the delivery date initially scheduled. Likewise, any cancellation of an order can only be effective if it is carried out no later than 2 working days before the date scheduled for delivery. 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 delivery date of your order, we thank you for contacting our Customer Service at the following address: ericportrait@groupe-axyon.com at the latest 2 working days before the initially scheduled delivery date.

In the event that your order has already been shipped, 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.

Secure transactions

GROUPE AXYON declines all responsibility as to 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 privacy regarding the use of your credit card on the Internet, we invite you to submit your reservation request over the phone to a customer service representative at the following address: ericportrait@groupe-axyon.com.

4. USER ACCOUNT AND PASSWORD 

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

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

For any request to close your User Account or to report abusive 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 or close your User Account at any time, at its discretion and without notice. For example, but not limited to, the Company may suspend or close your User Account if you do not comply with the Terms, or if you use the Websites in a manner which would be likely to cause or which would be likely to 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 material that you submit to us through the Websites and the Company declares that it will never claim to be the owner or the original author of Your Content.

In addition, you represent and warrant to the Company that:

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

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

  • Consent that your first name, first letter of your last name, age group, city and country of residence may appear in connection with the distribution of Your content and the use that the Company may make of it within the framework of License;
  • Acknowledge and agree that Company cannot be held responsible for any loss, damage or corruption of Your content.

In addition, you represent and warrant to the Company that:

  • Your content does not infringe any intellectual property rights, including any copyright, of any third party;
  • Aside from any copyright-free content, you are the sole owner of all intellectual property rights, including copyright, in Your content or, where applicable, that you have the owner's written permission to submit Your content;
  • Your content is free from defamation, obscenity and does not infringe any third party's right to privacy or image;
  • Your content does not violate any law, act, ordinance or regulation applicable to you or applicable to 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 is a reflection of your thinking, your preferences, your tastes and more generally of your person. You must not imply that Your content is endorsed by a third party unless you are expressly authorized to do so. You may not imply, imply or make believe that the Company approves, shares or endorses Your content, unless you are expressly authorized to do so.

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

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

6. COPYRIGHT

Excluding User Content, all content created, developed, disseminated, communicated, developed, generated or reproduced on the Websites (in particular texts, recipes, codes, illustrations, images and videos) as well as its selection, composition and arrangement (the “Company Content”) is owned or licensed by the Company by third parties and may be protected by intellectual property laws, including the Copyright Act (RSC (1985) , ch. C-42).

Where applicable, the Company reserves all of its rights with respect to the Company Content of which it owns. Consequently, you are prohibited from copying, reproducing, modifying, reformulating, republishing and, more generally, using the elements that make up the Company's Content, 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 use, for informational purposes, provided that you comply with all copyright or other intellectual property notices relating to Company Content. 'Company and you cite the source URL of the Company Content.

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 of third parties. While Company may use certain third party trademarks, the display of third party trademarks on the Websites does not presuppose any relationship or license between Company and the owner of the relevant trademark. , or the Company's approval or endorsement of the wares, services or activities of the owner of the relevant trademark.

Nothing contained on the Websites can be interpreted in such a way as to grant you a license or a right to use any logo, design or trademark of the Company or of a third party, without the written permission of the Company. Company or third party owner of a given trademark.

8. YOUR OBLIGATIONS

By using the Websites, and without limiting the scope of 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 information and to keep them up to date and (iii) to use the Websites in a reasonable and responsible manner.

In addition, you agree not to:

  • use the Websites for illegal or unlawful purposes;
  • create or lead to believe in a false identity on your User Account or create, without authorization, a User Account for anyone other than yourself;
  • use or attempt to use, without authorization, another user's account;
  • violate the intellectual property rights of the Company or others, including 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, break down, analyze or index the functionality of the Websites or any related service, data or information;
  • make statements that are defamatory, offensive or constituting a threat or unlawful harassment, impersonate another person or intimidate another person, or misrepresent or deliberately misrepresent your relationship with a person, in particular by using an address of email or similar nicknames, or by creating fake accounts or by any other means or ploy;
  • transmit code of a destructive nature that may damage, surreptitiously intercept or expropriate a system, data or personal information or even interfere in a detrimental way with it;
  • making obscene comments or using explicit language or profanity;
  • display advertisements for your business, your products or those of another person or any other type or form of spam;
  • bypass 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 in compliance with the above obligations, or any other obligation stipulated in the Terms, 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 that it deems appropriate.

9. SUBMISSION OF IDEAS

Any comments or suggestions concerning the Websites, their functionalities or the commercial activities in which the Company is or could be engaged that you may transmit to the Company may be used, adapted or implemented by the Company without any obligation. remuneration or any other form of remuneration.

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, which you submit to the Company (with the exception of 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 remuneration or any other form of remuneration.

10. DISCLAIMER OF WARRANTIES

The Websites and all content on them are provided as is. When using the Websites, you acknowledge and agree that you do so entirely at your own risk. The Websites may be abandoned or their access may be interrupted at any time by the Company or otherwise. The Company makes no representations or warranties about the content, services or features offered on the Websites or the User Content therein, including, in particular:

  • As to the accuracy, availability, completeness, reliability, negotiability 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 to the absence of viruses or harmful elements in the Websites;
  • As for the secure or intercept-free transmission of communications through the Websites.

11. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable laws, the Company and its officers, directors, employees, agents and their respective successors and assigns, can in no way be held responsible for any loss or damage of the nature or pertaining to, in particular , invasion of your privacy, loss of business or loss of profits whatever the cause, and whether or not it is based on a contract (including breach of 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. Furthermore, the Company has no obligation to retain or store any searches, preferences or any other data that you post or save from time to time on the Websites and is not responsible for any loss or damage resulting from 'a loss of this data.

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

Disclaimer: Allergic Alert - All products may contain or have been in contact with tree nuts, dairy products, wheat, soy, sugar, and many other products that could cause allergic reactions. GROUPE AXON is not responsible for any problem that may arise from the purchase and tasting of its products. The customer accepts the products as received at his own risk.

12. INDEMNIFICATION

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

You accept that your Actions are under your sole and unique responsibility and acknowledge that you have carried them out knowingly. The Company cannot be held responsible for any breach of the Terms that you may have committed. Accordingly, you will take legal action for 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 Terms that you have committed or that any person having 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 Actions as well as any violation of the Terms, any law or the rights of any third party.

13. JURISDICTION AND APPLICABLE LAWS

The Conditions are governed and interpreted by the laws of Quebec and those of Canada applicable therein, without regard to the principles of conflicts 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 accept and acknowledge the exclusive jurisdiction of the courts of federal and provincial jurisdiction, sitting in and for the judicial district of Montreal in relation to any litigation arising from or related to the Conditions, elect domicile therein and waive any objection based on the absence 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 other provisions of the Terms would remain in full force and effect.

15. WAIVER

The fact that the Company does not insist on the full performance of an obligation under these Conditions or does not exercise a right conferred on it will not be considered as a waiver of the performance of this obligation or of this law. Any waiver by the Company of a right conferred on it under these Conditions will only be valid if it is established in a signed writing and will only be valid in respect of the right and the circumstances expressly referred to by this waiver.

 16. INCESSIBILITY

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

17. RETROACTIVE EFFECT

The first version of the Conditions having been posted on November 7, 2017 (the “Upload Date”), you accept and acknowledge, when applicable, upon your initial acceptance of the Conditions, that any use, any content contributed 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 Conditions at its sole discretion by simply updating this page or the pages where the provisions of the Conditions to be modified are located. It is your responsibility to review 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 changes to the Terms, then you must cease all use of the Websites and, if applicable, close your User Account. Your continued use of the Websites or your failure to close your User Account after the Company posts the changes will constitute your acceptance of the changes to the Terms.

19. COMMUNICATIONS

Any notices required or permitted to be given under the Conditions 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
Email: ericportrait@groupe-axyon.com

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

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

For any questions or comments on the Terms, please contact:

Customer service - AXYON GROUP
Email: ericportrait@groupe-axyon.com

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

20. SURVIVAL

Articles 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 continue to have effect upon termination or expiration of this contract.