GENERAL TERMS AND CONDITIONS OF SALE

Effective 04/04/2024


TABLE OF CONTENTS

ARTICLE 1 – Application Terms

ARTICLE 2 – Prices

ARTICLE 3 – Orders

ARTICLE 4 – Terms of Payment

ARTICLE 5 – Deliveries

ARTICLE 6 – Transfer of Ownership

ARTICLE 7 – Vendor’s liability – Warranties

ARTICLE 8 – Personal Data

ARTICLE 9 – Intellectual Property

ARTICLE 10 – Applicable Law – Language

ARTICLE 11 – Claims

________________________

ARTICLE 1 – Application Terms

These General Terms and Conditions of Sale (“GTCS”) apply, without restriction or reservation, to all sales concluded by the Vendor with purchasers (any individual or legal entity: “Customers or the Customer”), wishing to acquire the products offered for sale (“Products”) by the Vendor on the https://terratributa.org/ website. The Products offered for sale on the site are as follows: books, wall art, documentaries, adventure talks.

The main characteristics of the Products, and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the https://terratributa.org/ site, which the customer is required to read before ordering. The choice and purchase of a Product are the sole responsibility of the Customer. Product offers are subject to availability, as specified when the order is placed.

These General Terms and Conditions of Sale are available at all times on the https://terratributa.org/ website and shall prevail over any other document. The Customer declares that he/she has read and accepted these General Terms and Conditions of Sale by checking the appropriate box before placing an order online at https://terratributa.org/. In the absence of proof to the contrary, the data recorded in the Vendor’s computer system constitutes proof of all transactions concluded with the Customer.

The Vendor’s contact details are as follows:

– Créations TERRA TRIBUTA

– Quebec registration number: 2263693329

– Lemeunier Bertrand

– 110 rue Saint-Fidèle

– La Malbaie, Quebec

– Canada G5A 2K9

The Products presented on the https://terratributa.org/ website are offered for sale in the following territories: North America, South America, Africa, Europe, Asia, Oceania.

In the event of an order to a country other than Canada, the Customer is the importer of the Product(s) concerned. For all Products shipped outside Canada, the price will automatically be calculated exclusive of tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. They will be charged to and are the sole responsibility of the Customer.

ARTICLE 2 – Prices

The Products are supplied at the prices in effect on the site https://terratributa.org/,at the time the order is registered by the Vendor. Prices are expressed in Canadian dollars $.

Prices take into account any discounts granted by the Vendor on the https://terratributa.org/website. These prices are firm and non-revisable during their period of validity, but the Vendor reserves the right to modify prices at any time outside their period of validity.

Prices do not include processing, shipping, transport and delivery charges, which are invoiced in addition, under the conditions indicated on the site and calculated before the order is placed. The payment requested from the Customer corresponds to the total amount of the purchase, including these costs. An invoice is issued by the Vendor and given to the Customer upon delivery of the Products ordered.

ARTICLE 3 – Orders

It is the Customer’s responsibility to select the Products he/she wishes to order on the https://terratributa.org/ website, according to the following procedure:

– The customer chooses a product and places it in his/her shopping cart.

– The product may be deleted or modified before confirming the order and accepting the present terms and conditions of sale.

– The customer then enters his/her contact details and selects the delivery method.

– Once the information has been validated, the order will be considered definitive and will require payment by the customer in the manner specified.

Product offers are valid as long as they are visible on the site, within the limit of available stocks. The sale will not be considered valid until full payment has been received. It is the Customer’s responsibility to check the accuracy of the order and to report any errors immediately. Any order placed on the https://terratributa.org/ website constitutes the creation of a distance contract between the Customer and the Vendor. The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute concerning the payment of a previous order. Any cancellation of the order by the Customer will only be possible before delivery of the Products.

ARTICLE 4 – Terms of Payment

The price is paid by secure payment and is payable by the Customer in full on the day the order is placed. Payment data is exchanged in encrypted mode using the protocol defined by the e-commerce payment gateways involved in banking transactions carried out on the https://terratributa.org/ website. The information transmitted is encrypted by software and cannot be read as it travels over the network. Any guarantee of the security of this system is entirely the responsibility of the e-commerce payment gateways, which have a proven track record and handle millions of secure payments every day.

Payments made by the Customer will only be considered final once the Vendor has received the sums due. The Vendor will not be obliged to deliver the Products ordered by the Customer if the latter does not pay the price in full in accordance with the above conditions.

ARTICLE 5 – Delivery

Products ordered by the Customer may be delivered to the following continents: North America, South America, Europe, Asia, Oceania, Africa.

Delivery times depend on the shipping address. They may range from a few days to several weeks, depending on the address indicated by the Customer when placing an order on the site. Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases or when one or more Products are unavailable, all Products ordered will be delivered at once. The Vendor undertakes to use its best efforts to deliver the Products ordered by the Customer within the time limits specified above. If the initial deadline is not met, the customer may cancel the order after 10 days’ delay. For any reason other than force majeure, the sale may be cancelled at the written request of the Customer. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of cancellation of the contract, to the exclusion of any compensation or deduction.

In the event of a special request by the Customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Vendor, the related costs will be subject to specific additional invoicing, on the basis of an estimate previously accepted in writing by the Customer.

To track an order, the customer will receive a tracking link by e-mail when the order is dispatched. If the customer has any questions concerning the tracking or shipping of the order, he/she can reply to the e-mail sent by Terra Tributa. 

In the event that the order should have arrived, but the customer has still not received it, before contacting us, the customer can help us by doing the following:

– Check the shipping confirmation e-mail for any errors in the delivery address.

– Ask your local post office if they have your parcel.

– Visit your neighbours in case the delivery service has left the package with them.

If the shipping address is correct and the package has not been dropped off at the post office or your neighbour’s, the customer can contact us, quoting your order number.

The transfer of the risks of loss and deterioration relating to the Products will only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Vendor’s risk, except when the Customer has chosen the delivery company. In this case, the risks are transferred when the goods are handed over to the delivery company.

ARTICLE 6 – Transfer of Ownership

The transfer of ownership of the Products from the Vendor to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.

ARTICLE 7 – Vendor’s liability – Warranties

The provisions relating to legal warranties refer to the Consumer Code of Quebec and Canada. Products supplied by the Vendor benefit from:

– the legal guarantee of conformity, for defective, spoiled or damaged Products or Products that do not correspond to the order

– the legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use,

In order to assert its rights, the Customer must inform the Vendor, by e-mail, of the non-conformity of the Products or the existence of hidden defects as soon as they are discovered. The Vendor will reimburse, replace or repair Products or parts under warranty deemed to be non-conforming or defective. Shipping costs will be reimbursed on the basis of the invoiced rate, and return shipping costs will be reimbursed upon presentation of receipts. Refunds, replacements or repairs of Products deemed to be non-conforming or defective will be made as soon as possible by the Vendor. Refunds may be made by bank transfer.

The Vendor may not be held liable in the following cases:

– non-compliance with the legislation of the country in which the products are delivered, which it is the Customer’s responsibility to check,

– in the event of misuse, professional use, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.

– The photographs and graphics presented on the site are not contractual and do not engage the responsibility of the Vendor.

The Vendor’s guarantee is, in any event, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.

ARTICLE 8 – Personal Data

The Customer is hereby informed that the Personal Data collected by the Vendor is necessary for the sale of the Products and their delivery, entrusted to the Vendor. This personal data is collected solely for the purpose of executing the sales contract. Customers are also informed that the collection of their personal data is also necessary for the following purposes:

– Processing for the sale of products and their delivery by the company

– Processing for the sale of products and transmission to a third party for their realization and delivery.

8.1 Collection of personal data

The personal data collected on the https://terratributa.org/ website is as follows:

– When the Customer orders Products: first name, surname, postal address, telephone number and e-mail address only (in addition to bank payment details).

– Payment: in the context of payment for Products offered on the https://terratributa.org/ site, the latter records financial data relating to the Customer/user’s bank account or credit card via e-commerce payment gateways.

8.2 Recipients of personal data

Personal data is used by the Vendor and its co-contractors for the performance of the contract and to ensure the efficient sale and delivery of the Products. The category(ies) of co-contractor(s) is (are):

– Payment gateways for e-commerce

– Printfull for the production and delivery of wall decorations

– Transport service providers

8.3 Data controller

The data controller(s) is (are):

– Créations TERRA TRIBUTA (NEQ 2263693329), managed by Bertrand Lemeunier at 110 rue Saint-Fidèle, La Malbaie, Québec, Canada, G5A 2K9.

– E-commerce payment gateways such as PayPal, Stripe and others. As for the WooCommerce plug-in, it enables management of the TERRA TRIBUTA store in WordPress.

– The Printful company: Offices and production and logistics centre at 11025 Westlake Dr., Charlotte, North Carolina 28273.

8.4 limitation of processing

Unless the Customer expressly agrees, personal data will not be used for advertising or marketing purposes.

8.5 Data retention period

The Vendor will keep the data thus collected for a period of 5 years, covering the period of prescription of the applicable contractual civil liability.

8.6 Security and confidentiality

The Vendor implements organizational, technical, software and digital physical security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Vendor cannot guarantee the security of the transmission or storage of information on the Internet.

8.7 Enforcement of customer and user rights

In application of the regulations applicable to personal data, Customers and users of the https://terratributa.org/ site have the following rights by writing to us:

– They may update or delete data concerning them.

– They may exercise their right of access to their personal data.

– If the personal data held by the Vendor is inaccurate, they may request that the information be updated.

– They may request the deletion of their personal data, in accordance with applicable data protection laws.

– They may also request the portability of data held by the Vendor to another service provider.

– Finally, they may object to the processing of their data by the Vendor.

These rights may be exercised by sending a request via the contact page of our website. The data controller must reply within a maximum of one month.

Customers may be asked to tick a box indicating their agreement to receive informative and advertising e-mails from the Vendor. They may withdraw their consent at any time by contacting the Vendor.

ARTICLE 9 – Intellectual Property

The content of the https://terratributa.org/ website is the property of the Vendor and its partners and is protected by Canadian and international intellectual property laws. No one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the site whether software, visual or sound. Any total or partial reproduction of this content is strictly forbidden and may constitute an infringement of copyright.

ARTICLE 10 – Applicable Law – Language

These General Terms and Conditions of Sale and the transactions arising therefrom are governed by and subject to English law, as these General Terms and Conditions of Sale are drawn up in English. Should they be translated into one or more foreign languages, only the English text will prevail in the event of a dispute.

ARTICLE 11 – Claims

For any complaint, please contact us via the contact page of our website.

The Customer is hereby informed that, in the event of a dispute, he/she may have recourse to conventional mediation, with existing industry mediators, or to any alternative dispute resolution method (conciliation, for example). Customers are also informed that they may also use the Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage. All disputes arising from the purchase or sale transactions concluded in application of these General Terms and Conditions of Sale and which have not been settled amicably by the Vendor or by mediation will be submitted to the competent courts under the conditions of common law.