Cart  

(empty)

Terms of Purchase

By using this webpage you represent that you have reviewed and understand the terms and conditions set out therein and that you agree, without limitation or qualification, to be bound by the terms and conditions of this Agreement.

As the terms of this Agreement may be modified at Thé Kiosque’s sole discretion, without any obligation to notify you, we advise that from time to time you check this webpage to review the changes. Your continued use of this webpage shall constitute your consent to any changes.

1. Offer and Acceptance

By ordering a product on Thé Kiosque's website, you shall be deemed to have made an offer to buy the specified product from Thé Kiosque pursuant to this Agreement. The acceptance and fulfillment by Thé Kiosque of any order placed on the website is subject to your acceptance of all of the terms of this Agreement.

2. Prices, Availability and Taxes

Prices of product on Thé Kiosque's website are subject to change at any time without notice. All products may not be available in all areas. Product availability is subject to change at any time and Thé Kiosque makes no representations of warranties regarding product availability. You shall be responsible for any tax or other governmental charge due to the sale, use or delivery of the product, including, but not limited to, Sales Tax, Use Tax, Retailer's Occupational Tax, Gross Revenue Tax, Value Accrued or Value Added Tax, and Transportation Tax. All applicable taxes and other charges will be added to the purchase price.

3. Payment

When ordering products on Thé Kiosque's website, you may use PAYPAL, VISA, MASTERCARD or AMERICAN EXPRESS. Thé Kiosque will not accept checks or COD payments. If you fail to pay for any products received, Thé Kiosque shall have the right, in addition to other remedies, to suspend or cancel further deliveries, and to proceed in any court of proper jurisdiction against you for all amounts due to Thé Kiosque, including, but not limited to, legal fees, costs and interest.

4. Shipping, Title and Risk of Loss

Thé Kiosque will ship products using the shipping method selected by you on the website. All sales are made F.O.B., the shipping point. Thé Kiosque shall use reasonable efforts to cause products to be delivered to you by requested delivery dates, but shall in no event be liable for any losses or damages caused by delay or non-delivery of products. You shall be responsible for all shipping charges. Title and risk of loss in the products shall pass to you upon Thé Kiosque's delivery to the carrier at the shipping point.

5. Returns, Changes and Cancellation

See our Returns policy.

6. Disclaimer of Warranties

SELLER MAKES NO WARRANTY, EXPRESS OR IMPLIED, CONCERNING NONINFRINGEMENT, THE PRODUCTS, OR THE MERCHANTABILITY OR FITNESS OF THE PRODUCTS FOR ANY PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIMS ANY AND ALL SUCH WARRANTIES. You are solely responsible for determining the suitability of the products for the uses and applications contemplated by you. You assume all risks and liabilities arising out of possession, use, or resale of the products, whether used singly or in combination with other material, including, but not limited to, any risk or liability based on alleged negligence on the part of Thé Kiosque.

7. Your Representations

You represent that you have the requisite power and authority to enter into this Agreement and to perform the obligations under this Agreement. You represent that you have provided accurate information to Thé Kiosque in purchasing products through the website and that your offer to purchase products complies with all applicable laws. You acknowledge and agree that you are solely responsible for compliance with all applicable laws and regulations concerning your purchase, possession, use, or resale of the products. You further represent that you are familiar with the characteristics of the products, and will comply with all laws, regulations, and standards applicable to the possession, handling, processing or use of the products by you, including, but not limited to, the Occupational Safety & Health Act.

8. Indemnification

You agree to indemnify, defend and hold harmless (including reasonable legal fees) Thé Kiosque, its officers, directors, employees or agents from any action arising from your misuse of this website or the breach of any of the provisions of this Agreement.

9. Limitation of Claims

Without limiting the scope of any other terms and conditions herein, any and all claims related to products sold to you through the Website shall be made within thirty (30) days after receipt of the product to which the claim relates, or if for non-delivery, after the scheduled delivery date thereof. Your failure to give Thé Kiosque written notice of any claim within the applicable time period shall constitute an absolute and unconditional waiver of such claim. In no event shall you commence any action against Thé Kiosque related to products sold to you through the website later than one year after receipt of the product giving rise to such action.

10. Limitation of Liability

Without limiting the scope of any other terms and conditions herein, including Thé Kiosque's disclaimer of warranties, no claim of any kind, whether as to products delivered or for non-delivery of products, or otherwise, and whether based on contract, breach of warranty, negligence, strict liability, indemnity, contribution, or otherwise, shall be greater in amount than the purchase price of the products in respect of which damages are claimed. IN NO EVENT SHALL Thé Kiosque BE LIABLE FOR LOSS OF BUSINESS, LOSS OF PROFITS OR GOOD WILL, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER YOUR CLAIM IS BASED ON CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, INDEMNITY, CONTRIBUTION, OR OTHERWISE, AND NOTWITHSTANDING ANY CLAIM THAT SUCH LOSSES WERE REASONABLY FORESEEABLE TO Thé Kiosque OR ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

11. Force Majeure

Without limiting the scope of any other terms and conditions herein, Thé Kiosque shall not be responsible or liable for any delay or failure to deliver any or all of the products for causes beyond its reasonable control, including, but not limited to, any cause or circumstance which makes impracticable the production, transportation or delivery of the products. Thé Kiosque may cancel an order to the extent the quantity not delivered is due to any such cause or circumstance. In no event shall Thé Kiosque be obligated to purchase products to replace any quantity not delivered due to any such cause or circumstance. In the event of any cause or circumstance excusing Thé Kiosque, Thé Kiosque shall have the right to allocate any remaining product supply among its customers, including those not under contract, in a fair and reasonable manner, and you hereby release Thé Kiosque from responsibility or liability for any resulting incomplete fulfillment of your order.

12. General

a) No waiver by either party of any breach of any terms or conditions contained herein shall be construed as a waiver of any succeeding breach of the same or any other terms or condition herein. Nothing contained herein shall limit the remedies of Thé Kiosque in the event of your breach of this Agreement.

b) If any terms and conditions herein are held to be invalid or unenforceable, such holding shall not affect the validity or enforceability of any other term or condition herein.

c) These Terms and Conditions shall be governed by and construed under the laws of the Province of Quebec, without regard to conflict of laws principles. Any legal action with respect to any transaction subject to this Agreement must be commenced within one year after the cause of action has arisen. Any actions arising out of products purchased through Thé Kiosque's website shall be commenced in the courts of the Province of Quebec. You agree to submit to the jurisdiction of these courts and waives any claim that venue is improper for any reason in these courts.

Copyright

Please read this Copyright Notice carefully before using this site. By using this site, you signify your consent to the terms of this Copyright Notice. If you do not agree to the Terms, please exit the site.

Terms

1. Unless otherwise noted, all materials on this website are protected as the copyrights, trademarks and/or other intellectual properties owned by Thé Kiosque and/or its subsidiaries and affiliates or by other parties that have licensed their material to Thé Kiosque.

2. You may download, print and store selected portions of the content of the site provided that you (i) only use these copies for your own personal, non-commercial use, (ii) do not copy or post the content on any network computer or broadcast the content in the media, and (iii) do not modify or alter the content in any way. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Thé Kiosque reserves complete title and full intellectual property rights in any content you download from this site. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the content without obtaining written permission from Thé Kiosque in advance.

3. Thé Kiosque has not reviewed all of the sites linked to this website and is not responsible for the contents of any off-site pages or any other sites linked to this site. Your linking to any other off-site pages or other sites is at your own risk.

4. This website may contain links to other Web sites operated by third parties other than Thé Kiosque. Such links are provided for your convenience only. Thé Kiosque does not control such Web sites and is not responsible for their content. The fact that this site contains links to other sites does not mean that Thé Kiosque approves of, endorses or recommends those sites, nor does it imply any association with their operators. Thé Kiosque disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site and disclaims all responsibility for any loss, injury, claim, liability or damage of any kind resulting from any third party Web sites or content therein directly or indirectly accessed through links in this site.

5. These Terms shall be governed by and construed under the laws applicable to the Province of Quebec, without regard to conflict of laws principles. Any legal action with respect to any transaction subject to these Terms must be commenced within one year after the cause of action has arisen. Any actions arising out of products purchased through the Thé Kiosque's website shall be commenced in the provincial courts of the Province of Quebec. You agree to submit to the jurisdiction of these courts and waives any claim that venue is improper for any reason in these courts.