Terms and Conditions

Untitled Document

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

VERSION FRANCAISE DISPONIBLE EN CLIQUANT ICI.

Privacy policy policy is available at: http://shop.hiilz.com/Terms_privacy.asp

Returns, refunds and exchanges policy is available at: http://shop.hiilz.com/help_answer.asp?ID=11

All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.


Electronic communications
When you visit hiilz.com or contact us by e-mails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site and/or its other sites and/or its social groups, pages, accounts (its "Space") over social communities sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.


Copyright
The entire content included in this site, regardless of its nature, such as text, look & feel, graphics, icons, button, images, logos, audio clips, digital downloads, data compilations, and software, is copyrighted as a collective work under the law of the Province of Quebec in Canada and other copyright laws, and is the property of hiilz ( shop.hiilz.com ). The collective work includes works that are licensed to shop.hiilz.com. Copyright 2011, shop.hiilz.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with shop.hiilz.com or purchasing shop.hiilz.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with shop.hiilz.com or to purchase shop.hiilz.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by shop.hiilz.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of shop.hiilz.com used in the site are trademarks or registered trademarks of shop.hiilz.com. hiilz, hiilz.com, tree-shoo, plant-shoo, PrettyFastStand, Sapin-Instant, Gravimatic, Capihealth, CapiSante, Instantly fastened, Instantanement fixe, Enhancing the creation of sweet family memories, Create sweet memories, Creating sweet memories, Sweet memories, Favorisant la creation de doux souvenirs, Creant de doux souvenirs, Creer de doux souvenirs, Doux souvenirs and other hiilz names, words, graphics, logos, web domain names, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade design (trade dress) of hiilz in Canada and/or other countries. hiilz's trademarks and trade design may not be used in connection with any product or service that is not hiilz's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits hiilz. All other trademarks not owned by hiilz that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by hiilz.


Warranty Disclaimer
This site and all content, information, materials, services, products, softwares on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, shop.hiilz.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. shop.hiilz.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. shop.hiilz.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability
shop.hiilz.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if shop.hiilz.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Presales
shop.hiilz.com only responsibility about presales is to refund the customer up to the amount paid by the customer. In the event that shop.hiilz.com can not ship the customer's order, shop.hiilz.com only responsibility is to refund the customer up to the receipt total. shop.hiilz.com reserves the right to charge fees for service, processing, handling, financial and/or transaction fees, amongst others.


Patents
One or more patents and/or pending patents owned by hiilz apply to this site and/or to the products, features and services available via the site. Portions of this site may operate under license of one or more patents.


License and site access
hiilz grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of hiilz. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be copied, reproduced, duplicated, resold, sold, visited, or otherwise exploited for any commercial purpose without express written approval of hiilz. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of hiilz without express written permission. You may not use any meta tags or any other "hidden text" utilizing hiilz's name or trademarks without the express written consent of hiilz. Any unauthorized use terminates the permission or license granted by hiilz. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to hiilz.com so long as the link does not portray hiilz, or its products or services in a false, derogatory, misleading, or otherwise offensive matter. You may not use any hiilz logo or other proprietary graphic or trademark as part of the link without express written permission.


Your account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to be held responsible for all activities that occur under your account or password. It is your responsibility to keep your password in a safe place and renew it often. hiilz may sell children products, but it sells them to adults, who can pay for with a credit card or other permitted payment method. If you are under 18, you may use hiilz.com only with involvement of a parent or guardian. hiilz reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.


Content by visitors: comments, communications, reviews and other content
Visitors may be able to post reviews, comments, photos, and other content; and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of an email or other content. hiilz reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant hiilz a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant hiilz and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you possess or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify hiilz for all claims resulting from content you supply. hiilz has the right but not the obligation to monitor and edit or remove any activity or content. hiilz takes no responsibility and assumes no liability for any content posted by you or any third party.


Typographical Errors
In the event that a shop.hiilz.com product is mistakenly listed at an incorrect price, shop.hiilz.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. shop.hiilz.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, shop.hiilz.com shall issue a credit to your credit card account in the amount of the incorrect price.


Descriptions of products
hiilz attempts to be as accurate as possible. However, hiilz does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by hiilz itself is not close to be as described, your sole remedy is to return it in unused condition. See our RETURNS policy.


Price
All prices are in Canadian dollars. The List Price displayed for products on our website represents the full retail price listed on the product itself or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere, except where noted otherwise. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent the cumulative of the estimated or suggested retail price for each of the items included in the set. With respect to items sold by hiilz, we cannot confirm the price of an item until you order. Despite our best efforts, items may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Please note that this policy applies only to products sold and shipped by hiilz.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by shop.hiilz.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
shop.hiilz.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to shop.hiilz.com.


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the province of Quebec, Canada, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of shop.hiilz.com products) shall be in the state or federal courts located in the Province of Quebec, Canada. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of shop.hiilz.com products) must be commenced within one (1) year after the claim or cause of action arises. shop.hiilz.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. shop.hiilz.com may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a shop.hiilz.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
shop.hiilz.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, shop.hiilz.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, shop.hiilz.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to shop.hiilz.com in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless shop.hiilz.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Loss, irregularity, damage
All items purchased from hiilz are made pursuant to a shipment contract. This means that the risk of loss and damage for such items pass to you upon our delivery to the carrier. Upon obtaining the package, inspect the package immediately and report, right away & before the carrier agent, any defect or irregularity to the carrier. Express small packages carriers automatically insure small packages, up to a maximum value (refer to their policies). We suggest you should always insure your packages.


Third Parties
Parties other than hiilz may provide services, or sell products on this site. In addition, we may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. hiilz does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their policies, privacy statements and other conditions of use.

In an attempt to provide increased value to our visitors, shop.hiilz.com may link to sites operated by third parties. However, even if the third party is affiliated with shop.hiilz.com, shop.hiilz.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of shop.hiilz.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, shop.hiilz.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).


Applicable law
By visiting hiilz.com, you agree that the laws of the Canadian Province of Quebec, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and hiilz.


Indemnity
By the present agreement, you agree not to enact a fact or cause on behalf of hiilz in the case wherein a lawsuit is launched against the said Company following the violation of the aforementioned terms & conditions by you or any other person who used your account on hiilz.com and its other sites.


Acts of God
hiilz shall not be held liable for non-performance, in whole or in part, of any of its obligations whatsoever toward you, nor for damages or losses you may suffer, if such non-performance, damages or losses result from an Act of God or from circumstances beyond its control.


Disputes
Any dispute relating in any way to your visit to hiilz.com, its other sites or to products or services sold or distributed by hiilz or through hiilz.com in which the aggregate total claim for relief sought on behalf of one or more parties shall be adjudicated in the Canadian Province of Quebec, and you consent to exclusive jurisdiction and venue in such courts.


Site Policies, Modification, and severability
Please review our other policies posted on this site. These policies also govern your visit to hiilz.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.