Terms of use

Terms and conditions of use of the Site
https://bwev.ca and its derivative https://bwevbottle.com (The "Site")

Welcome to the bwev.ca/bewvbottle.com website made available to you by BWEV Inc. (BWEV™). For your protection and ours, we have hereby established the general terms and conditions of use of this Site ("Terms of Use"). BWEV ™ offers you, through this Site, a variety of information and online services which are governed by these clauses. Your viewing of the Site in any way implies that you agree to comply with it. As these clauses are subject to change without notice, we encourage you to consult this page regularly. The use of this Site is also governed by the " Privacy Policy "by BWEV ™.

Any changes to the Terms and Conditions will be added to this page and it is understood that your use of the Site, following changes to the Terms of Use, constitutes your acceptance of the amended terms.

Copyright

All the creatives presented on the products of this online store are the property of BWEV ™ or its partners.

Credit collaboration on all lifestyle pictures: Seb Champagne Photography ;
except for picture of Mr. François Charron, Crédits : francoischarron.com.

BWEV™ holds the intellectual property rights on certain contents of the Site as well as on its designs, its structure and its compilation (known under the name "look and feel" - appearance and functionalities) (hereinafter the: "Content") . In addition, unless otherwise specified, copyright law protects all Content.

The Content of the site and the products may not be reproduced, distributed, transmitted, viewed, published or disseminated for any other purpose without the prior written permission of BWEV™. If you are a media representative, please ask us for permission prior to any publication, communication or reproduction of our material online.

You may not copy, modify, delete, augment, publish, transmit, create derivative works, create or sell derivative merchandise from our Content or exploit, in any way, our Content, in whole or in part.

Logos and trademarks

The logos and all other BWEV™ trademarks (registered trademark in Canada) as well as the slogans belong to BWEV ™ and are protected by current Canadian legislation. It is forbidden to use any trademark, or any other work accessible on the Site for any reason whatsoever other than that for which it was made available by BWEV ™. It is illegal to falsely portray yourself in any way, as sponsored by, affiliated with or sponsored or supported by BWEV™ or any of its suppliers. Finally, it is against the law to defame or slander BWEV ™, its associates, its trademarks or service marks or any aspect of its Site.

Notice and disclaimer of warranties

You expressly acknowledge and agree that:

1. you use the Site at your own risk. The Site is made available to you "as is" and "if available". Within the limits of applicable law, we disclaim all warranties, express or implied including, without limitation, all implied warranties of title to title, merchantability, fitness for a particular purpose and freedom from infringement;
2. we make no representations or warranties that i) the Site will meet your requirements, ii) use of the Site will be continuous, timely, secure or error-free, iii) results obtained through the Site will be accurate and reliable, iv) the quality of the products, services, information or other documents purchased or obtained through the Site will meet your expectations, v) the servers which allow access to the Site will be free of viruses or worms or other harmful elements; or vi) Site errors will be corrected;

Limitations of Liability

1. we will not be held responsible for any direct or indirect damage resulting from the use or misuse of the Site. We cannot be responsible for any costs incurred for the purchase of replacement goods or services, for the purchase or receipt of goods and services, for the receipt of messages or for transactions made from the Site. or resulting from unauthorized access or modification of your data transmissions, including but not limited to damages for loss of profit, use of data or other intangibles, even if we have been notified of the possibility of such damage.
2. Without limiting the generality of the foregoing, in any case the total amount of our liability (as well as that of our subsidiaries, affiliated companies, sponsors or licensees) towards you for any damage or loss of contractual or extra-contractual origin. , must not exceed 100$ CAD;
3. if you are not satisfied with certain elements of the Site or the Terms of Use, your only recourse is to no longer consult the Site.

BWEV™ hyperlink policy

This Site may contain links to third party sites over which BWEV™ has no control (“External Sites”). BWEV™ does not endorse or answer for any content, advertising, products, services or other elements presented or available on these External Sites. The same rule applies to External Sites establishing links to the BWEV™ Site. BWEV™ hyperlinks policy applies to all of these hyperlinks.

Accessibility

Accessibility of the Web Site to the widest possible audience is a priority for BWEV™. The Site Content is designed to promote customer autonomy and uses various technologies.

Site compatibility

The Site is compatible with the latest updated versions of browsers running Windows, Android and MAC OS such as: Chrome, Edge, Firefox and Safari in responsive mode, regardless of the device.

 

Registration and password

To access certain parts and features of the site, you will need to complete a registration form.

By using the site and its services, you agree to provide truthful, current, complete and accurate information as requested in the website registration form. You are also responsible for updating your registration information as soon as a change has been made to any information on this form.

When registering, you will need to enter a username and password. It is your responsibility to protect the confidentiality of this password and username and you assume responsibility for all activity on this site using your password or username. You will immediately notify BWEV ™ of any unauthorized use of your password or username or any other breach of security.

Current law and dispute resolution

The BWEV™ Website is operated from Montreal. Any question of a legal nature deriving from or related to your use of the Site, as well as questions relating to these clauses, will be interpreted under the applicable Quebec and Canadian legislation. The courts of Montreal (Quebec), Canada, have exclusive jurisdiction to rule on any dispute arising out of or related to these Terms and Conditions, or your use of the Site. By using the Site, you unreservedly accept the jurisdiction of the courts of Quebec, for any possible dispute.

Customs and import charges

Before making an online purchase on our site or any other on the web, it is your responsibility as a customer to check with your local authorities the rules on importing goods. Customs charges, taxes or other import related charges may apply and are beyond our control. You are fully responsible for these local costs and procedures. Our responsibility is to deliver the purchased good to you for the amount paid, but local authorities may charge a fee once the package arrives in their territory.

Promotions and discount codes.

Only one code or automatic discount can be applied at checkout. The different promotions cannot be combined.

Intellectual property

BWEV™ respects the intellectual property rights of others and we ask you to do the same. If you have reasonable grounds for believing that your work has been copied or that it is being used on our Site in a way that infringes your intellectual property rights, please notify BWEV™ by providing the following information :

• The signature, handwritten or electronic, of the person authorized to represent the holder of these rights or his certificate of identity if available;
• A description of the work the copyright of which, in your opinion, has been infringed;
• The specific location on the Site of the item which, in your opinion, infringes your rights;
• Your address, telephone number and email address;
• A statement that you have good faith reasons to believe that the disputed use is not authorized by the copyright owner, its agent, or the law;
• Which declaration is sworn (as prescribed by applicable law), that the information set out in your notice is accurate and that you are the owner of the intellectual property rights or that you are authorized to act on behalf of of the owner.

The contact details of the BWEV™ agent responsible for complaints relating to intellectual property are:

BWEV Inc
Saint-Eustache (Quebec) J7P 1T3
Email: question@bwev.ca

Breach of Terms and Conditions

In the event of violation by any user of the Terms of Use or any other right of BWEV Inc., BWEV™ reserves the right to exercise any recourse against any illegal User. You are requested, in the event of a violation of these Terms of Use, to notify us at question@bwev.ca.

Other conditions

The Site Terms of Use represent the entire agreement between you and BWEV™ regarding the use of the Site. These Terms of Use supersede any previous agreement between you and BWEV™. Additional terms may apply in the event that you use services offered by a third party.

In addition, by using the Site, you acknowledge that:

1. these Terms of Use are reasonable and necessary for the protection of the legitimate interests of BWEV™;
2. If one of the provisions of these Conditions is the subject of a judicial notice of nullity and enforceability, pronounced by a competent common law court, the parties nevertheless agree that the court must seek to give full effect to the intentions of the parties. as reflected in the said provision and that the other provisions retain their force and effect.
3. that damages could be insufficient to remedy a default in these Terms of Use and that consequently, these will be liable to execution in kind and BWEV™ will have the right to appeal to a court of competent jurisdiction in order to to obtain an injunction order to enforce its provisions, without prejudice to its other rights and remedies, it being understood that an action for damages would then aim to compensate for the damages suffered while an action for injunction would aim rather to prevent this violation from continuing in the future; and
4. that no waiver by the Company of its rights and remedies under these Terms of Use may be opposed to it unless this waiver is recorded in writing, signed by one of its representatives duly authorized for this purpose.

Any legal action arising from the use of the Site or these Terms of Use must be filed no later than one (1) year after the date on which the cause of action arose. Otherwise, it will be considered null and void.

Any request for information regarding the Terms of Use should be addressed to Eric Bolduc at question@bwevbottle.com.

See as well :Personal Information Protection and Electronic Documents Act.